IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19564 of 2008(D) -------------------------- PETITIONER: ------------ E.K. BABU, EXECUTIVE OFFICER (SUSPENSION), TALIPARAMBA,TRICHAMBARAM, KANHIRANGAD DEVASWOM (TTK DEVASWOM), TALIPARAMBA-41, KANNUR (RESIDING AT ELYIDATH KOLASSERY ILLAM, MULLOOL.P.O, PATTUVAM, TALIPARAMBA, KANNUR-43. BY ADV. SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. THE PRESIDENT, MANAGING COMMITTEE, TALIPARAMBA, TRICHAMBALAM, KANHIRANGAD DEVASWOM (TTK DEVASWOM), TALIPARAMBA-41, KANNUR. 2. K.UNNIKRISHNAN, RETIRED DISTRCIT JUDGE, (ENQUIRY OFFICER), TALIPARAMBA, TRICHAMBALAM, KANHIRANGAD DEVASWOM (TTK DEVASWOM) TALIPARAMBRA-41, KANNUR, 19/22, SREENILAYAM, CHALAPPURAM, CALICUT-2. 3. THE COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE-20. BY ADV. DR.K.P.KYLASANATHA PILLAY FOR R1 SMT.V.J.SAFEENA FOR R1 SMT.SREEDEVI KYLASANATH FOR R1 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).19564/2008 -------------------- Dated this the 1st day of July, 2008 JUDGMENT The challenge in the writ petition is against Ext.P5 order passed by the Commissioner dismissing the revision petition filed by the petitioner under Sections 18 and 20 of the H.R & C.E Act, 1951. In my view, petitioner has an efficacious remedy before the Government under Section 99 of the Act. Learned senior counsel appearing for the petitioner, Smt.Sumathi Dandpani submits that Section 99 of the Act suggests that the power conferred on the Government under Section 99 of the Act is to be exercised suo motu. But it is trite that in such circumstances, the power could be exercised on application as well. 2. In the result, writ petition is disposed of permitting the petitioner to challenge Ext.P5 order before the Government. If a revision under Section 99 of the Act is preferred within four weeks from today before the Government, Government shall, after hearing the petitioner as also the first respondent, take a decision W.P.(C).19564/2008 2 thereon, within a period of two months from the date of revision to be filed by the petitioner. It is open to the petitioner to approach the Government for appropriate interim relief in which case, Government shall consider the same during the pendency of the revision after notice to the petitioner as also the first respondent. V.GIRI, Judge mrcs