IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 WP(C).No. 24393 of 2007(D) -------------------------- PETITIONER: ------------ 1. G.SUBRAMANIAN,S/O.R. GOPALAN, AGED 54 YEARS, RESIDING AT THELLICHIRA, KARAPUZHA,KOTTAYAM. 2. M.KADAKKARA, S/O. MUPPILY, AGED 54 YEARS RESIDING AT SELVI HOUSE, PUTHENANGADY, KOTTAYAM-1. 3. KOTTAYAM MUNICIAPAL WORKER'S UNION REGD.NO. 05-13/88,REPRESENTED BY ITS SECRETARY, M.K.PRABHAKAAN (RESIDING AT MUDESSARIL HOUSE, VELLOOR P.O., KOTTAYAM). BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------- 1. KOTTAYAM MUNICIPALITY REPRESENTED BY THE SECRETARY,KOTTAYAM MUNICIPALITY, KOTTAYAM. 2. THE SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. 3. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU,THIRUVANANTHAPURAM. 5. P.G.NEELAN, AMBEDKAR NAGAR, COLLECTORATE.P.O.,KOTTAYAM, NOW RESIDING AT ANNAI ILLAM, CHIRAYIL PADAM,SREENIVASA AYYER ROAD, KOTTAYAM-1. 6. G. MADASWAMY, RAILWAY PURAMBOKU, COLLECTORATE.P.O., KOTTAYAM. 7. M.KANNAN, AMBEDKAR NAGAR, COLLECTORATE.P.O. KOTTAYAM. 8. T.A. UMMER, CHINNU MANZIL (H) KUMMANAM P.O., KOTTAYAM.. WP(C) No. 24393/07 9. SIYAD.M.A. MALATHUSSERIL HOUSE, THIRUVARPPU PO., KOTTAYAM-686 033. 10. AJI MON.K.T. KUNNELPARAMBIL HOUSE, COLLECTORATE.P.O.,AMBEDKAR NAGAR, KOTTAYAM. 11. S.KARUPPASWAMY,NETHAJI NAGAR, COLLECTORATE P.O., MULLAMKUZHY, KOTTAYAM. 12. K.MARIYAPPAN, NETHAJI NAGAR, COLLECTORATE P.O., KOTTAYAM. 13. K.SIVAN, NETHAJI NAGAR, COLLECTORATE P.O., MULLAMKUZHY,KOTTAYAM. 14. A.NARYANAN, NETHAJI NAGAR, COLLECTORATE P.O.,MULLAMKUZHY, KOTTAYAM. 15. ELANKO, NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 16. ANIL KUMAR NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 17. M.SABU, NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 18. M.KARUPPASWAMY, NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 19. G.MURUKESAN, NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 20. C.VIJAYAN,NETHAJI NAGAR, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. 21. BIJU, VAZHAKALAYIL, COLLECTORATE PO.,MULLAMKUZHY, KOTTAYAM. BY ADV. SRI.SIBY MATHEW, SC FOR MUNICIPALITY SRI.A.A.MOHAMMED NAZIR ADV. SHRI.I.V.PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2007, ALONG WITH WPC NO. 27719 OF 2007 & WP(C) No. 28434/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------- WP(C) Nos. 24393, 27719 & 28434 of 2007 ------------------------- Dated, this the 8th day of October, 2007 J U D G M E N T The petitioners in WP(C) No. 24393/07 are seeking a direction to the respondents to take a decision on resolution No. 26 dated 06/07/2007 passed by the 1st respondent Municipality. Consequential reliefs are also sought for. The Municipality through counsel admits that they had passed the resolution mentioned above and that the same was forwarded to the Director of Municipalities. Learned Government Pleader, on instructions, confirms that the Director of Municipalities had received the same and has forwarded it to the Government on 19/03/2007. It is also submitted that the matter is now pending consideration of the Director of Urban Affairs. According to the learned Government Pleader, the matter has to be finally decided by the 3rd respondent, in whose Department the matter is now pending. 2. In view of the aforesaid facts as now disclosed, there will be a direction to the 3rd respondent to pass orders on the resolution dated 06/07/2007 passed by 1st respondent Municipality, as expeditiously as possible, at any rate, within two months from the WP(C) Nos. 24393/07 & connected cases -2- date of receipt of a copy of this judgment. 3. In so far as, the petitioners in WP(C) 27719/07 & 28434/2007 are concerned, they are claiming the benefit of GO(MS) 91/2001/L.Adm dated 29/03/2001. Since the petitioners have entered service subsequent to 31/12/2001, they are not eligible for the benefit of the said Government Order. In view of this, the relief of regularization sought by the petitioners relying on the aforesaid Government Order, cannot be granted. In the circumstance, these two writ petitions are only to be dismissed and I do so. (ANTONY DOMINIC, JUDGE.) jg