IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 22017 of 2010(B) -------------------------- PETITIONER: --------------- EDAVACODE ASOKAN, S/O.MADHAVAN, AGED 47 YEARS, CHINNA VEEDU, T.C.7/2129 A, SREEKARYA, THIRUVANANTHAPURAM-17. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SC/ST, SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM 695001. 3. THE DIRECTOR OF PRINTING, OFFICE OF DIRECTOR OF PRINTING, THIRUVANANTHAPURAM 695001. 4. C.KRISHNA KUMAR, COUNCILLOR, CORPORATION OF THIRUVANANTHAPURAM, RESIDING AT LAKSHMI VILASAM, VELLUNNI, MEDICAL COLLEGE P.O. ULLOOR, THIRUVANANTHAPURAM 695011. 5. C.VIJAYAN, GALLEY PRESSMAN, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, RESIDING AT LAKSHMI VILASAM, VELLUNNI, MEDICAL COLLEGE P.O., ULLOOR, THIRUVANANTHAPURAM 695011. *6 THE KERALA STATE ELECTION COMMISSION, REP. BY THE SECRETARY, THIRUVANANTHAPURAM. (ADDL.R6 IS IMPLEADED AS PER ORDER DAED 30.7.2010 IN IA NO.10652 OF 2010) BY GOVT. PLEADER SRI.K.RAMESH ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R4 & 5 SRI.P.K.MANOJKUMAR, SC FOR R4 & 5 SMT.HENA BAHULEYAN FOR R4 & 5 SRI.S.EASWARAN FOR R2 SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR ADDL.R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22017/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF REPORT OF TAHSILDAR, TRIVANDRUM DT. 7.10.05 EXT.P2. COPY OF REPORT DT.22.4.06 BY VIGILANCE CELL OF KIRTHADS EXT.P3. COPY OF PROCEEDINGS OF SCRUTINY COMMITTEE DT. 24.12.07 EXT.P4. COPY OF JUDGMENT IN WA NO.833/08 DT. 5.8.08 EXT.P5. COPY OF ORDER DT. 12.11.08 IN I.A. 893/08 IN WA 833/08 EXT.P6. COPY OF PROCEEDINGS DT. 3.12.08 BY SCRUTINY COMMITTEE EXT.P7. COPY OF ORDER DT. 5.12.08 BY RESPONDENT NO.1 EXT.P8. COPY OF JUDGMENT IN WPC NO.372/09 DT. 6.4.10 EXT.P9. COPY OF REPRESENTATION DT. 24.9.10 BEFORE 1ST RESPONDENT EXT.P10. COPY OF REPRESENTATION DT. 23.4.10 BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: ANNEXURE I COPY OF THE G.O.MS No./98/2010/SCSTDD DT. 2/09/2010 TRUE COPY PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22017 OF 2010 -------------------------- Dated this the 18th day of November, 2010 J U D G M E N T The petitioner, who contested the elections held in the year 2005 to the Thiruvananthapuram Corporation has filed this writ petition seeking a direction to the respondents to give effect to Ext.P7 order by removing respondents 4 and 5 from their respective offices. The fourth respondent who was elected as Councillor of the Thiruvananthapuram Corporation in the year 2005 has ceased to hold office and did not contest in the elections recently held. Therefore the writ petition in so far as it relates to the fourth respondent has become infructuous. By Ext.P7, the Government had also held that the fifth respondent who is the brother of the fifth respondent does not belong to the Vannan Community and that his claim to be treated as a member of the Vannan Community cannot be sustained. What the petitioner seeks as regards fifth respondent is a direction to remove him from service in the light of the findings and observations in Ext.P7. It is not in dispute that challenging Ext.P7 Government order, respondents 4 and 5 had filed WP(C) No. 372 of 2009, that it was dismissed by Ext.P8 judgment and that WPC No.22017/2010 2 W.A No. 1209 of 2010 filed by them canvassing the correctness of Ext.P8 judgment is pending before a Division Bench of this Court. The petitioner is a party to the said writ petition and writ appeal. The petitioner can therefore raise all the contentions which he has raised in this writ petition as regards the fifth respondent in that writ appeal. Without prejudice to that right, this writ petition is closed. P.N.RAVINDRAN, (JUDGE) vps WPC No.22017/2010 3 WPC No.22017/2010 4