IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WA.No. 2676 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.31746/2009 Dated 06/11/2009 .................... APPELLANT(S): WRIT PETITIONER ----------------------------- K.SAJEEVAKUMAR, ACCOUNTS OFFICER, CAPEX (KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD.) KOLLAM. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): RESPONDENTS IN W.P(C) ------------------------------------ 1. KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD.(CAPEX), P.B.NO.262, KADAPPAKKADA, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHAIRMAN, KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD.(CAPEX), P.B.NO.262, KADAPPAKKADA, KOLLAM. BY SENIOR GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2676 OF 2009 --------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. Ext.P7 order of suspension was under challenge in the Writ Petition. The learned Single Judge dismissed the Writ Petition and hence, this appeal. 2. Ext.P7 is only a suspension pending enquiry and hence we do not think that this Court should go into the merits of the contentions taken by the appellant/petitioner since it is too early for the court to go into those aspects. The appellant has an effective remedy available against the order of suspension. We find that the appellant has in fact invoked such remedy, as can be seen from Ext.P12. In that view of the matter, we do not think that this Court should consider the matter on merits. Learned counsel for the appellant also raised a contention regarding non-payment of subsistence allowance. Learned counsel for the Co-operative Society submits that the matter will be looked into and in case the subsistence W.A.NO.2676/2009 2 allowance is not paid, prompt steps will be taken for payment of the same. The above submission is recorded. Therefore, we set aside the judgment of the learned Single Judge and dismiss the Writ Petition and the Writ Appeal relegating the petitioner to pursue his statutory remedy. We make it clear that in case the appellant approaches the competent authority within a period of two weeks from today, the matter will be considered by the authority within another two weeks. We also make it clear that in that view of the matter, all the contentions of the parties are left open. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO.2676/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO. 2676/2009 JUDGMENT 30th November, 2009 W.A.NO.2676/2009 4