IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25748 of 2009(K) -------------------------- PETITIONER: --------------- TOMY SEBASTIAN, VALIKULATH HOUSE, MOOLAMATTOM.P.O. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. C.M.THOMAS, ST. MARTIN AGENCIES ARAKULAM. 2. DISTRICT COLLECTOR, PAINAVU, IDUKKI. 3. THE COMMISSIONER FOR CIVIL SUPPLIES, NUSEUM ROAD, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25748 OF 2009 -------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Heard Sri.Johnson Manayani, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for respondents 2 and 3. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the first respondent. 2. By a notification dated 21.5.2005, the District Collector, Idukki, invited applications for appointment of AWD No.1 in Ward No.10 of Arakulam Grama Panchayat, in Thodupuzha Taluk. The petitioner and the first respondent submitted applications. The first respondent was appointed as AWD No.1 by order dated 29.9.2005 passed by the District Collector, Idukki. The petitioner challenged the said order in appeal before the Commissioner of Civil Supplies. By order passed on 30.3.2006, the Commissioner of Civil Supplies remanded the matter to the District Collector, Idukki. The District Collector, Idukki, thereafter passed Ext.P1 order cancelling the appointment of the first respondent. He also directed that a fresh W.P.(C) No. 25748/09 2 notification be issued inviting applications. Aggrieved thereby, the first respondent has filed Ext.P2 appeal before the Commissioner of Civil Supplies. The petitioner has also filed the appeal evidenced by Ext.P3 before the Commissioner of Civil Supplies challenging Ext.P1 to the extent it directs re-notification. His contention is that instead of issuing a re-notification, he should have been appointed as AWD No.1. It is stated before me that Ext.P2 appeal will be heard by the Commissioner of Civil Supplies at 4 PM on 15.9.2009. The prayer in this writ petition is to direct the Commissioner of Civil Supplies to hear and dispose of Exts.P2 and P3 appeals jointly. In my opinion as Ext.P2 appeal filed by the first respondent and Ext.P3 appeal filed by the petitioner arise out of the very same order, namely Ext.P1, it is only desirable that the appeal filed by the petitioner is also heard and disposed of along with Ext.P2 appeal. I accordingly direct the Commissioner of Civil Supplies to hear and dispose of Exts.P2 appeal filed by the first respondent and Ext.P3 appeal filed by the petitioner from Ext.P1 order, jointly. The Commissioner of Civil Supplies shall adjourn the hearing scheduled to be held tomorrow and shall hear and dispose of Exts.P2 and P3 W.P.(C) No. 25748/09 3 appeals expeditiously with notice to the petitioner and the first respondent. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment before the Commissioner of Civil Supplies. The operation of Ext.P1 order shall stand stayed till the appeals filed by the first respondent and the petitioner from Ext.P1 order are heard and disposed of. The writ petition is disposed of with the above directions. P.N.RAVINDRAN Judge vps W.P.(C) No. 25748/09 4