IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2215 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. M.CHENTHAMARA @ CHENTHAMARAKSHAN S/O.MADHAVAN, VASANTHA NIVAS, S.N.NAGAR, MALAMPUZHA. 2. RADHAKRISHNAN.V., S/O.PONNU, VARANI, MALAMPUZHA. 3. HARIDASAN.K., S/O.KUNCHU, THOOPPALAM HOUSE, THOOPPALAM ,MALAMPUZHA, PALAKKAD. 4. SREENIVASAN.M., S/O.MAYAN MADACHAN VEEDU, VARANI, KADAKKAMKUNNAM PO, MALAMPUZHA, PALAKKAD. 5. KANNAPPAN, S/O. CHAMIYAR,CHUMBAKKODE HOUSE,KANJIRAKKADAVU,MALAPUZHA PO,PALAKKAD. 6. ARUMUGHAN.M, S/O.PERUMAL, S.P.LANE, MALAMPUZHA, PALAKKAD. 7. ACHUTHANKUTTY, S/O.CHINNAN EZHUTHACHAN VARANI, PALAKKAD. 8. BABY K.R., S/O.RAMAKRISHNAN, KALLINGAL HOUSE, KARADIYODE, MALAMPUZHA,PALAKKAD. 9. HARIDAS.V, S/O.VELAYUDHAN VARANI, KADAKKAMKUNNAM, PALAKKAD. 10. LIJU,S/O.JOSEPH, CHOVALLOOR, KANJIRAKKADAVU,MALAMPUZHA. 11. MANEESH.G, S/O.GOPALAKRISHNAN, SATHOSH NIVAS, S.N.NAGAR, MALAMPUZHA, PALAKKAD. 12. MOHANAN.M.,S/O.MUNIYAPPAN, KUNUPPULLY, MALAMPUZHA. 13. SUBASH K.B., S/O. K.C.BHASKARAN KALLADIKODE HOUSE, KANJIRAKKADAVU, MALAMPUZHA, PALAKKAD. WP(C).No. 2215 of 2009(L) 14. PARAMESWARAN, S/O. SIVARAMAN, THOOPPALAM, MALAMPUZHA. 15. SURESH, S/O. VISWANATHAN, JANAKI NIVAS, CHERAD, MALAMPUZHA. 16. SURESHKUMAR.K., S/O.KITTUNNI THEKIKNIPARA HOUSE, KANJIRAKKADAVU, MALAMPUZHA, PALAKKAD. 17. WILLSON, S/O. VARGHESE, @ VINCENT CHOVALLOOR HOUSE KANJIRAKKADAVU, MALAMPUZHA, PALAKKAD. 18. HARIDAS.V., S/O. VISWANATHAN JANAKI NIVAS, CHERAD, MALAMPUZHA. 19. VINOD, S/O.SUKUMARAN, THOOPPALAM HOUSE THOOPPALAM, MALAMPUZHA, PALAKKAD. 20. RADHAKRISHNAN.C., S/O.CHAMIYAR CHIMBAKOODU, PALAKKAD. 21. MOHANDAS.L., S/OLAKSHMANAN PUZHAKKAL HOUSE, KANJIRAKKADAVU, MALAPPUZHA, PALAKKAD. 22. RADHAKRISHNAN.S,S/O.SANKARAN EZHUTHACHAN CHERADU, MALAMPUZHA PO, PALAKKAD. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR CHAIRMAN DISTRICT TOURISM PROMOTION COUNCIL PALAKKAD DISTRICT. 2. THE CHIEF ENGINEER, IRRIGATION ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEERING IRRIGATION DIVISION, MALAMPUZHA, PALAKKAD. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV. SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2215/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2009 J U D G M E N T The petitioners, 22 in number, are claiming engagement on regular basis in the Malampuzha garden under the first respondent. They are unskilled manual labourers attached to the Malampuzha Dam. The dam is under the administrative control of the Irrigation Department. After the District Tourism Promotion Council (DTPC) was set up, the control and supervision of the gardens was transferred to the District Collector as the Chairman of the DTPC. 2. According to the petitioners, they were engaged as labourers in the gardens from more than 10 years back and they are performing duties connected with weeding, planting, watering, manuring, pruning etc. All these duties are of recurring and continuing nature and the petitioners were being engaged from time to time. Earlier this Court by Ext.P1 judgment directed the first respondent to consider Ext.P1 produced therein and take appropriate decision thereon within a time limit. W.P.(C) No.2215/2009 -:2:- 3. Accordingly, steps were being taken by the Irrigation Division for engaging the petitioners on regular basis which is evidenced by Ext.P2 dated 06/12/2005. Again by Ext.P3 dated 28/02/2006, the Executive Engineer pressed for the need to engage the workers continuously. But the matter got delayed further as there was no action on the part of the District Collector. But it appears that the District Collector also addressed the Chief Engineer by Ext.P4, even though, he himself had to take action in the matter. The petitioners thereafter filed Ext.P5 representation to the Chief Engineer on 15/05/2008. The Chief Engineer, Irrigation and Administration, as per Ext.P6, directed the Superintending Engineer to transmit the provisional seniority list SLR, HR workers and other workers for circulation among the labourers to see whether any complaints are there regarding the details made available in the said list. 4. The matter now remains as such without any action. According to the petitioners, the matter is placed before the Government by the third respondent. But no action is forthcoming from the part of the Government also. 5. Heard the learned Government Pleader. In view of the fact that the matter is placed before the Government for passing W.P.(C) No.2215/2009 -:3:- appropriate orders, the fourth respondent will pass appropriate orders in the matter after obtaining reports from respondents 1 to 3 with regard to the claim of the petitioners for regularisation. Final orders shall be passed within five months from the date of receipt of the copy of the judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the fourth respondent for appropriate action. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms