IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WA.No. 2317 of 2009() --------------------- {IN WPC.2260/2007 OF THIS COURT} .................... APPELLANT(S): IST PETITIONER IN WPC. --------------------------------- RAJ T.L.,MAUILAYIL HOUSE,THEVALAKKARA WEST NORTH,PUTHANAMPALAM P.O.,KOLLAM DISTRICT. (PETITIONERS 2 & 3 IN WPC.NO.2260/2007 ARE NOT CHALLENGING THE JUDGMENT OF THE LEARNED OF SINGLE JUDGE ALONG WITH THE APPELLANT) BY ADV. SRI.B.MOHANLAL RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, P.S.C.BHAVAN,KASARGOD. 3. THE DIVISIONAL FOREST OFFICER, NORTH KASARGOD DIVISIONAL OFFICE, KASARGOD DISTRICT. 4. THE DIVISIONAL FOREST OFFICER, SOUTH KASARGOD DIVISIONAL OFFICE, KASARGOD DISTRICT. WA.No. 2317 of 2009() :: 2 :: 5. THE KASARGOD WILDLIFE WARDEN, KASARGOD WILDLIFE DIVISION, KASARGOD DISTRICT. R1, R3, R4 & R5 BY GOVT. PLEADER SRI.BENNY GERVASIS R2 BY SRI.ALEXANDER THOMAS SC FOR PSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE OLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.A.No.2317 of 2009 ---------------------------------------- Dated this the 16th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the first petitioner in the writ petition. The writ petition was filed with the following prayers: (i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to report all the existing and arising vacancies as on in the post of Forest Guard to the PSC forthwith and further to direct the 2nd respondent to make advice thereon. (ii) Declare that the Special Recruitment of schedule tribe to the post of Forest Guard from Kasargod District is in excess of 7.5% of the vacancies are violation of Article 14 of the Constitution of India. (iii) Declare that the posts of Forest Guards arose in the Kasargod District after 17.08.2005 shall be filled up only from the Ext.P2 select list published on 15.12.2005. 2. Learned single Judge dismissed the writ petition mainly on the ground that none of the affected parties is on the party array. 3. In the writ appeal, the appellant has sought to take up new contentions also. W.A.No.2317 of 2009 :: 2 :: 4. Faced with the difficulty about the two aspects, learned counsel for the appellant seeks permission to withdraw the writ petition itself, with liberty to file a writ petition incorporating all the contentions and impleading necessary parties. 5. Though this court may not ordinarily grant such liberty, having regard to the request made by the learned counsel for the appellant, we grant permission. Accordingly, the writ appeal is disposed of setting aside the judgment of the learned single Judge and dismissing the writ petition, with liberty to the appellant to file a fresh writ petition, in accordance with law. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.