IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5885 of 2011(S) ------------------------- PETITIONER: -------------- KERALA STATE SCHEDULED CASTE & SCHEDULE TRIBES SERVICE SOCIETY, REG.NO.355/83, STATE COMMITTEE, 'NAVASOBHAYIL', OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125, REP. BY ITS STATE PRESIDENT, A.P.KAKKAD. BY ADV. SRI.C.K.MOHANAN RESPONDENTS: ----------------- 1. K.BALAGOPAL, ASSISTANT ENGINEER, THIRUVANANTHAPURAM CORPORATION, AISWARYA, VAZHAVILA, OOKKODU P.O., THIRUVANANTHAPURAM-20. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, ANNEXE BUILDING, SECRETARIAT, THIRUVANANTHAPURAM-1. 3. THE MAYOR, CORPORATION OF THIRUVANANTHAPURAM, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33. 4. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33. 5. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICE, THIRUVANANTHAPURAM-33, VANCHIYOOR, THIRUVANANTHAPURAM. R2 & R5 BY SENIOR GOVT. PLEADER, SRI.BENNY GERVASIS R3 & R4 BY ADV. SRI.N.NANDAKUMARA MENON(SR.) SRI. P.K. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5885 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayer as follows: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 2 to 5 to instantly place the 1st respondent under suspension pending conclusion of the trial in Crime No.1033/10 of Nemom Police Station, in which he is an accused. ii) Order respondents 2 to 5 cost of this litigation. iii) Issue any other appropriate writ, order or direction, which this Hon'ble Court deems fit and proper in the nature and circumstances of the case.” 2. Such a prayer is made by the petitioner in the background of certain allegations made against the 1st respondent. Based on such allegations, admittedly Crime No.1033 of 2010 of Nemom Police Station is registered. Further details of the writ petition may not be necessary for the reason that when the matter is taken up today, the learned Government Pleader on instructions stated that the 1st respondent has already been kept under suspension pending WP(C) No. 585 of 2011 -:2:- departmental enquiry into various allegations which are the basis on which the instant writ petition is filed. In the circumstances the writ petition, in our view, has become infructuous and is accordingly dismissed as infructuous. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb