IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WA.No. 1201 OF 2011() --------------------- AGAINST THE ORDER IN WPC.19893/2011 Dated 22/07/2011 .................... APPELLANTS/PETITIONERS IN THE W.P.: -------------------------------------------- 1. SHAJI F, AGED 34 YEARS,S/O.FILANDER PEON ,SUB REGISTRAR OFFICE,MAKKARAPARAMBU, RESIDING AT MOOPPANTHODI,KUMBALAM PO,KOLLAM 691503 2. C.KESAVAN, AGED 40 YEARS, S/O.NEELAKANDAN,PEON ,SUB REGISTRAR OFFICE, KONDOTTY, RESIDING AT CHOLAYIL HOUSE, P.O.ARIMBRA,VIA KONDOTTY,MALAPPURAM DISTRICT. 3. S.RAJASEKHARAN, AGED 44 YEARS S/O.G.SEEDHARAN PILLAI,PEON ,SUB REGISTRAR OFFICE, AREACODE, RESIDING AT THEMPRA HOUSE, PATHIRIPADAM PO,VIA CHUNGATHARA, MALAPPURAM DISTRICT. 4. JAYAPRAKASH E, AGED 40 YEARS S/O.PADMANABHAN NAIR, PEON, SUB REGISTRAR OFFICE PERUNTHALAMANNA,POOLAMANNA PO, TUVVUR VIA, MALAPPURAM DISTRICT. 5. K.CHANDRAN,AGED 34 YEARS S/O.MUKUNDAN,PEON, SUB REGISTRAR OFFICE MANJERI, RESIDING AT POOLAMANDATHIL HOUSE P.O.NARUKARA VIA, MANJERI,MALAPPURAM DISTRICT. 6. SUNIL KUMAR N.K,AGED 38 YEARS S/O.CHEERAMMA, PEON, SUB REGISTRAR OFFICE TIRUR, RESIDING AT NADUVILAPATHRAYIL HOUSE POOTHOTTA PO, ERNAKULAM DISTRICT. W.A. 1201/2011 2 7. V.J.THOMAS, AGED 39 YEARS,S/O.V.T.JOSEPH PEON, SUB REGISTRAR OFFICE,NILAMBUR, RESIDING AT VELULIAMODAYIL HOUSE, P.O.NADUVATH VIA,WANDOOR,MALAPPURAM DISTRICT. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT OF KERALA THIRUVANANTHAPURAM 695 001. 2. THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. THE INSPECTOR GENERAL OF REGISTRATION THIRUVANANTHAPURAM 695 001. 4. THE DISTRICT REGISTRAR GENERAL, REGISTRATION DEPARTMENT,MALAPPURAM 676 505. 5. THE SUB REGISTRAR, MAKKARAPARAMBU, MALAPPURAM 676 505. GOVERNMENT PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/08/2011 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = W.A. 1201 OF 2011 = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF AUGUST, 2011. J U D G M E N T C.N. Ramachandran Nair, J. Appeal is filed against the interim order of the learned Single Judge declining to grant stay against the night duty arrangement given to the appellants. Appellants' grievance is that besides full time work during day time, they are engaged as security staff for night duty in other Sub Registrars' Offices. We do not find any justification to grant stay against the operation of the scheme because if at all the appellants are relieved from the night duty, the respondent should be given opportunity to make alternate arrangements. So much so, learned Single Judge rightly declined stay. However, having regard to the nature of contention, the matter requires early hearing. We therefore, close the writ appeal directing the learned Single Judge to dispose of the case at the earliest or if the matter requires to be considered by a Division Bench, to refer the matter to the Division Bench. The writ appeal is disposed of as above. C.N. RAMACHANDRAN NAIR, (JUDGE). P.S. GOPINATHAN, (JUDGE) knc/-