IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 OP.No. 35196 of 2001(M) ---------------------------------- PETITIONER(S): ---------------------- S. BABURAJ, SUPERINTENDENT OF SURVEY AND LAND RECORDS (ON FULL ADDL. CHARGE), OFFICE OF THE SURVEY AND LAND RECORDS, WADAKANCHERY, THRISSUR DISTRICT. BY ADV. MR.P.BHASKARAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF SURVEY AND LAND RECORDS, BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COVENER, DEPARTMENTAL PROMOTION COMMITTEE, BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ S.SIRI JAGAN, J. ================== O.P.No. 35196 of 2001 ================== Dated this the 25th day of March, 2009 J U D G M E N T The counsel for the petitioner is absent. 2. The petitioner has filed this original petition seeking the following reliefs: “a) a writ of certiorari or other appropriate writ order or direction quashing Exhibit P9. b) a writ of mandamus or any other forms of writs, direction, orders directing the 1st respondent to declare that the petitioner is an eligible candidate to hold full additional charge of the Superintendent of Survey and Land Records in accordance with his seniority. c) a writ of mandamus order or direction directing the 1st respondent not to disturb the present position of the petitioner as holding full additional charge [sic] Superintendent of Survey and Land Records till the disposal of this O.P. and also to direct the 1st respondent to consider him for further promotions to the higher posts including the post of Assistant Director of Survey and Land Records and above.” 3. From the affidavit accompanying the original petition filed on 19.11.2001, it is seen that the petitioner was aged 50 years at that time. Going by that age, the petitioner must have retired from service. Therefore, it is clear that the prayers in the original petition do not survive and accordingly, this original petition is dismissed as infructuous. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 35196 of 2001-M ================== J U D G M E N T 25th March, 2009