IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 258 of 2010(F) ------------------------ PETITIONER(S): --------------- A.K.STANLEY, HEALTH SUPERVISOR, PRIMARY HEALTH CENTRE, THRIKKANAPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH MANJERI, MALAPPURAM DISTRICT. 2. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THRIKKANAPURAM, TAVANUR P.O., MALAPPURAM DISTRICT. 3. THE SECRETARY, HOSPITAL MANAGEMENT COMMITTEE, BLOCK DEVELOPMENT OFFICER, PONANI, EDAPAL.P.O., MALAPPURAM DISTRICT. 4. SMT. B.MANJULETHA, LAB TECHNICIAN, PRIMARY HEALTH CENTRE, THRIKKANAPURAM, TAVANUR.P.O., MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P. NANDAKUMAR -R1 AND R2 ADV. SRI.A.KRISHNAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of order dated 17.11.2008 of the District Medical Officer of Health, Manjeri. Ext.P2: True copy of Order dated 1.7.2008 of the 2nd respondent. Ext.P3: True copy of letter dated 25.8.2009 of the Public Information Officer, Office of the 1st respondent to Muraleedharan. Ext.P4: True copy of Government Circular No.50675/M.3./ 2008/HFW dated 31.3.2009. Ext.P5: True copy of petition filed by Lady Health workers of Primary Health Centre, Thrikkanapuram to the 1st respondent. Ext.P6: True copy of letter dated 15.5.2009 of the 1st respondent to the 2nd respondent. Ext.P7: True copy of petition dated 12.11.2009 of the petitioner to the 2nd respondent. Ext.P8: True copy of petition dated 19.11.2009 of the petitioner to the 2nd respondent. Ext.P9: True copy of the petition dated 21.12.2009 of the petitioner to the 2nd respondent. RESPONDENTS' EXHIBITS: Ext.R4(a): True copy of the representation dated 14.12.09 filed by the 4th respondent before the Medical Officer, Thrikkanapuram. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 258 OF 2010 -------------------------------------------- Dated this the 22nd day of February, 2010 JUDGMENT The petitioner is working as Health Supervisor in the Primary Health Centre, Thrikkanapuram, Malappuram District. The 4th respondent is a Lab Technician attached to the said Primary Health Centre. The dispute involved in this case is with respect to the allotment of Quarter No.140/II/TVRGP. As per Ext.P2 order dated 1.7.2008, the said quarter was allotted to the 4th respondent. It is evident from Ext.P2 itself that the said allotment was made purely on a temporary basis and the same was liable to be reviewed on getting further clarification from the Department. The case of the petitioner is that Ext.P6 is the order of clarification and, therefore, in the light of Ext.P6, Ext.P2 order is liable to be reviewed. 2. The 4th respondent has filed a counter affidavit stating that she is occupying Quarter No.140/II/TVRGP and she is entitled to get the said quarter allotted to her on regular basis, based on Ext.P2. It is her case that in the light of Ext.P6 order, Ext.P2 order is not liable to be reviewed. W.P.(C) NO. 258/2010 2 3. In the light of the rival contentions and in view of Ext.P2 order that the same is liable to be reviewed on obtaining clarification from the Department and having regard to the fact that such a clarification has been issued as per Ext.P6, it is only appropriate for the first respondent to consider whether Ext.P2 is liable to be reviewed in the light of Ext.P6 and who among the petitioner and the 4th respondent is entitled to get allotment of Quarter No.140/II/TVRGP. Such a decision shall be taken by the first respondent within a period of one month from the date of receipt of a copy of this judgment, with notice to the petitioner and the 4th respondent. To enable the first respondent to consider the issue involved in the case in the manner directed, the second respondent shall forward the representation received from the 4th respondent to the first respondent within a week from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 258/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 258/2010 JUDGMENT 22nd February, 2010