IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 17071 of 2011(H) -------------------------------------- PETITIONER(S): ----------------------- SHIBU K.T., S/O.K.C. THOMAS, AGED 38 YEARS, KONATHU HOUSE, ANGADICAL SOUTH MURI CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121. BY ADV. SRI.AJITH MURALI, SRI.K.V.ANIL KUMAR. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT OFFICER, DISTRICT OFFICE, PUBLIC SERVICE COMMISSION, ALAPPUZHA DISTRICT, PIN -688 001. 4. THE SECRETARY, CIVIL SUPPLIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. R2 & R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC. R1 & R4 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17071 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE RELEVANT PORTION OF UNIFIED SHORT LIST PUBLISHED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT FILE NO.ASS(4) 1693/2009. EXT.P4: COPY OF THE ADVICE MEMO ISSUED BY THE 3RD RESPONDENT FILE NO.ARI(3) 122/2006. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S ANNEXURE: ANNEXURE R4(a): COPY OF THE LETTER NO.B6-5653/11 DATED 18/05/2011. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. - -- - - -- - - - - - - -- - - - - - - - - - - - - - - - W.P.(C). No.17071 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 J U D G M E N T In view of the subsequent developments after the institution of this Writ Petition, I do not think it necessary to narrate the facts in detail. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to take immediate action on the basis of Ext.P4 advice memo considering Exts.P5 and P6 representations. Though the petitioner was advised for appointment by the Kerala Public Service Commission (for short 'the Commission') as per Ext.P4 under the Civil Supplies Department, on account of the non-availability of vacancies, he could not be issued with the appointment order. In the said circumstances, the Commission treated him as a thrown out candidate and subsequently, as against one of the vacancies reported on 24.5.2011, he was advised for appointment under the Rural Development Department. Recording the said statement made in the counter affidavit, this Writ Petition is closed. (C.T. RAVIKUMAR, JUDGE) spc