IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WA.No. 621 of 2010 ---------------------- AGAINST THE JUDGEMENT IN WPC.36232/2009 Dated 22/12/2009 .................... APPELLANT/PETITIONER: --------------------------- SRI.MOHANDASAN K., LABORATORY TECHNICIAN GRADE I, PUBLIC HEALTH CENTRE, MOONNIYOOR, MALAPPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE DIRECTOR OF HEALTH SERVICE, HEALTH SERVICE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, MANJERI. 3. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MOONNIYOOR, MALAPPURAM. 4. SMT.K.GEETHA, N.F.C.P UNIT,KOZHIKODE. 5. SMT.S.SABITHA, N.F.C.P.UNIT, KANNUR. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No. 621 of 2010 ------------------------------------------ Dated this the 21st day of May, 2010 JUDGMENT Ravindran, J. The appellant is the writ petitioner in W.P.(C) No.36232 of 2009. By judgment delivered on 23rd December, 2009 the learned single Judge dismissed the writ petition mainly on the ground of delay and laches. Hence this writ appeal. 2. As rightly noticed by the learned single Judge, Ext.P6 discloses that the appellant/petitioner was aware of the fact that the circular inviting applications for appointment to the post of Assistant Entomologist did not reach the office where he was working. Ext.P6 is dated 5.8.2007. The appellant, instead of moving this Court at that stage, submitted representations before the departmental authorities. By then, his juniors who had applied pursuant to the said circular had been appointed as per Ext.P3 order dated 3.7.2007. The writ petition was filed in the last week of W.A.No.621 of 2010 - 2 - December, 2009. Since the appellant was admittedly aware of the fact that the circular did not reach his office even on 5.8.2007, we are in agreement with the learned single Judge that he is guilty of delay and laches in moving this Court. In such circumstances, we find no merit in the writ appeal. In the result, the writ appeal fails and is accordingly dismissed in limine. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns