IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 RP.No. 566 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8791/2011 .................... REVIEW PETITIONER(S)/RESPONDENTS IN W.P.(C) :- ---------------------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, DIRECTORATE OF PANCHAYATH MUSEUM JUNCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM, CIVIL STATION, MALAPPURAM. BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN ADV.SRI.JAMES MATHEW KADAVAN RESPONDENT(S)/PETITIONER :- ---------------------------------------------- P. JAGANNIVASAN, PARAMBATH HOUSE, KODAKKAD.P.O., MALAPPURAM DISTRICT, OVERSEER GRADE II, THENHIPALAM GRAMA PANCHAYATH. ADV.SRI.P.K.VIJAYA MOHAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt R.P.No.566 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the rules for the Kerala Local Self Government Engineering Subordinate Service, 2007. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge S.SIRI JAGAN, J. ------------------------------------- R.P. No.566 of 2011 In W.P(C)No.8791 of 2011 -------------------------------------- Dated this the 1st day of August, 2011 ORDER This review petition is filed by the State for review of my judgment dated 22.03.2011 in W.P(C) No.8791 of 2011. By that judgment, I directed the second respondent, Director of Panchayat to consider Ext.P5 representation filed by the petitioner which is for reinstatement of the petitioner, on the petitioner having been acquitted of the criminal charges, in appeal. 2. The review petition is now filed on the ground that by Annexure(A) special rules, the appointment authority of the petitioner is the Chief Engineer, Local Self Government Department and therefore the Director of Panchayat cannot now consider the claim of the petitioner. 3. I have heard both sides. In view of the facts now brought on record, I direct the Chief Engineer, Local Self Government Department to consider and pass orders on Ext.P5 in the writ petition instead of the Director of Panchayat. The Director of Panchayat shall forward Ext.P5 to the Chief Engineer, Local Self Government Department R.P. No.566 of 2011 : 2 : immediately for enabling the Chief Engineer to comply with the direction in the judgment and I direct that the time stipulated for compliance shall run from today. The review is disposed of modifying the judgment as directed above. S.SIRI JAGAN JUDGE dmb