IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 36909 of 2001(R) ----------------------------------- PETITIONERS: --------------------- 1. STEPHEN, POLICE CONSTABLE, MAVELIKKARA POLICE STATION, MAVELIKKARA. 2. PRAKASH, POLICE CONSTABLE, NORTH POLICE STATION, ALAPPUZHA. 3. PAPPACHAN, POLICE CONSTABLE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA. 4. SUDARSANAN, POLICE CONSTABLE, ARTHUNKAL POLICE STATION, ARTHUNKAL. 5. CHANDRASEKHARAN, POLICE CONSTABLE, NORTH POLICE STATION, ALAPPUZHA. 6. JOSEPH JOSEPH, POLICE CONSTABLE, POLICE STATION, RAMANKARY. 7. JOSEPH, POLICE CONSTABLE, NORTH POLICE STATION, ALAPPUZHA. 8. GOPI, POLICE CONSTABLE, POLICE STATION, CHERTHALAI. 9. JOSEKUTTY, POLICE CONSTABLE, POLICE STATION, PATTANAKKAD. BY ADV. SRI.T.M.ABDUL LATIFF. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. O.P. NO. 36909/2001-R: 2. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. *ADDL. R3 & R4 IMPLEADED: 3. VASUDEVAN, HEAD CONSTABLE 3137, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. 4. REGHUNATHAN, HEAD CONSTABLE 3138, MANNAR POLICE STATION, ALAPPUZHA. *ARE IMPLEADED AS ADDL. 3RD AND 4TH RESPONDENT AS PER ORDER DTD. 04/10/02 IN C.M.P. NO. 48012/2002 . **ADDL. R5 TO R7 IMPLEADED: 5. K. VIJAYAN, HC A 3163, KUTHIATHODE POLICE STATION, ALAPPUZHA (DIST.). 6. K.B. KOTNIS, H.C. NO. 3330, SPECIAL BRANCH, ALAPPUZHA. 7. BAIJU. K.S., H.C. 3302, SPECIAL BRANCH, ALAPPUZHA. *ARE IMPLEADED AS ADDL. RESPONDENTS AS PER ORDER DATED 29/11/05 IN I.A. NO. 17349/2005. R1 & R2 BY SR.GOVERNMENT PLEADER SRI. P. NANDAKUMAR, ADDL. R5 TO R7 BY ADV. SRI.M.K.PRADEEPKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 36909/2001-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF POLICE CONSTABLES ELIGIBLE FOR PROMOTING AS HEAD CONSTABLES (GE), ALAPPUZHA DISTRICT AS ON 29/03/1994 (B1-14610/99 DTD. 6/99). EXT.P.2: COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE R.2. DTD. NIL. EXT.P.3: COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF LOCAL POLICE CONSTABLES PUBLISHED AS PER ORDER NO. A3-33970/2000 DTD. 29/07/2000 OF THE R.2. EXT.P.4: COPY OF THE PETITION FILED BY THE P.1. BEFORE THE R.2. DTD. 04/08/2000. EXT.P.5: COPY OF THE ORDER NO. A3-33970/2000-A DTD. 13/10/2000 OF THE R.2. EXT.P.6: COPY OF THE ADDITIONAL SENIORITY LIST FROM SL. NOS. 1122 TO 1157. EXT.P.7: COPY OF THE OBJECTION SUBMITTED BY THE P.1. BEFORE THE R.2. DTD. 15/05/2001. EXT.P.8: COPY OF THE LIST PUBLISHED AS PER THE ORDER NO. A1/54493/2000A DTD. 02/05/2001 OF THE R.2. EXT.P.9: COPY OF THE PROCEEDINGS NO. A1/54493/2000A DTD. 12/06/2002 OF THE R.2. EXT.P.10: COPY OF THE PROCEEDINGS NO. A1-21716/2002-A DTD. 30/05/2002 OF THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ....................... O.P.36909/2001 ....................... Dated this the 27th day of May, 2010 JUDGMENT The challenge in the writ petition is against Exts.P5 and P6, the provisional seniority lists of Police Constables (GE) of Alappuzha District as on 1.1.1989 to 1.1.2000. First of all when a seniority list is challenged, persons affected should be impleaded as parties to the writ petition. This writ petition was filed without impleading such persons. That apart, petitioners filed C.M.P.48027/2002 for publishing notice of the Original Petition in newspapers having circulation in Alappuzha District. By order dated 4.10.2002 this Court allowed the prayer and directed the petitioners to take out notice to the affected parties by publication of notice in one issue of Kerala Kaumudy, Alappuzha edition. That order also has not been complied with. In such circumstances, the writ petition is only to be dismissed and it is so ordered. ANTONY DOMINIC, Judge mrcs