IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 16105 of 1998(P) --------------------------------- PETITIONER(S): ---------------------- V. BALAKRISHNAN, VILLAGE EXTENSION OFFICER GR-I, KUZHALMANNAM BLOCK, PALAKKAD DISTRICT. BY ADV. MR.ELVIN PETER P.J. MR.S. RAMESH MR.P.N. SANTHOSH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. K. ANIL KUMAR, VILLAGE EXTENSION OFFICER GR-I, CHIRAYINKEEZH BLOCK, TRIVANDRUM DIST. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 16105/1998-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADVICE MEMO NO.P3.653/82 DATED 07/11/1984 ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE COMMUNICATION NO.7704/G1/85/DD. DATED 02/04/1985 ISSUED BY THE GOVT. EXT.P3: COPY OF THE ORDER G.O.(MS)NO.38/85/DD. DATED 24TH AUGUST, 1985. EXT.P4: COPY OF THE ORDER NO.ESTT. B2-18918/92/CRD. DATED 28TH SEPT. 1994 OF THE 2ND RESPONDENT. EXT.P4(a): COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF VILLAGE EXTENSION OFFICER GR-II AS ON 31ST DECE. 1993. EXT.P5: COPY OF THE REPRESENTATION DATED 03/11/1997 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P6: COPY OF THE JUDGMENT DATED 16TH DECEMBER, 1997 IN O.P. NO. 22247/97 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE ORDER G.O.RT NO.189/98/RDD. DATED 27/04/1998 ISSUED BY THE GOVT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ----------------------------- O.P No. 16105 of 1998-P ------------------------------ Dated this the 21st day of May, 2009. J U D G M E N T This original petition was presented on 21.8.1998, claiming seniority over the third respondent and promotion to higher posts earlier than the third respondent. The original petition was admitted and notice ordered to the respondents on 24.8.1998. However the petitioner has not taken steps to serve notice on the respondents. Though the petitioner had taken steps to implead the third respondent in a representative capacity and had filed C.M.P.No.28656 of 1998 for taking out notice of the original petition by advertisement in a news paper daily, the petitioner did not take steps on that application also. Therefore, when this Original Petition came up for hearing on 19.9.2007, the learned Single Judge passed the following order: “This matter was admitted on 24.8.1998, however, no notice has been sent for want of process being filed. With the passage of time, it may not be appropriate to require the respondents to contest the writ petition as it was filed in August, 1998, even if this writ petition is to be further proceeded with. Under such circumstances, learned counsel for the petitioner seeks two weeks time to seek instructions from the petitioner. If the petitioner intends to O.P No. 16105 of 1998-P 2 prosecute the writ petition on the basis of what is aforesaid, he shall cure the defects within such time.” 2. However, till date, the petitioner has not taken any step to cure the defects. More than ten years have passed after the Original Petition was filed. In my opinion, as rightly noticed by the learned Single Judge, who passed the order dated 19.9.2007, it would not be just or equitable to call upon the third respondent to defend the writ petition at this distance of time. I am therefore constrained to dismiss this Original Petition for non prosecution. Ordered accordingly. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab O.P No. 16105 of 1998-P 3