IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14228 of 2009(W) --------------------------------------- PETITIONER: ------------------- S.SADANANDAN, S/O.SREEDHARAN, AGED 53 YEARS, RESIDING AT DIVYA BHAVAN, EDAMON P.O.- 691 307, KOLLAM DISTRICT. (UDC UNDER USPENSION OF ARYANKAVU GRAMA PANCHAYATH, KOLLAM DISTRICT). BY ADVS. MR.V.J.JAMES, SMT.SHOBA NAIR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (EPB) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DY.DIRECTOR OF PANCHAYATS, KOLLAM. 3. THE SECRETARY, THENMALA GRAMA PANCHAYATH THENMALA P.O., KOLLAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 14228 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of May, 2009 JUDGMENT Heard Shri.V.J. James, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2 . In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner who was working as L. D Clerk in the Thenmala Grama Panchayat was placed under suspension by Ext.P3 order dated 03.02.2009 issued by the Government on the allegation that based on the petitioner's report, a building permit was issued to Sri Monachan and he constructed a shop building. The petitioner submits that the ground floor of the building was already in existence, when the petitioner filed his report and that based on the report filed by him, the up stair W.P.C 14228/09 -2- portion of the building and a room on the ground floor alone were constructed and therefore the order of suspension cannot be sustained. The petitioner submits that seeking revocation of the order of suspension, he has moved the Government in Ext.P4 representation. In this writ petition, the petitioner, inter alia, prays for a direction to the Government to consider Ext.P4 representation and pass orders thereon within a time limit to be fixed by this Court. 3. From the order of suspension, it appears that the petitioner was placed suspension on the ground that report submitted by him led to the construction of a shop building. However, from the materials produced by the petitioner, it appears that ground floor of the building was already in existence, when the petitioner submitted his report and based on the report filed by the petitioner, only the up stair portion of the building and a room on the ground floor alone were constructed. In that view of the matter, I am of the opinion that request made by the petitioner in Ext.P4 representation deserves to be considered by the Government. W.P.C 14228/09 -3- I, accordingly dispose of this writ petition with a direction to the Secretary to Government, Local Self Government Department to consider Ext.P4 representation submitted by the petitioner and pass orders thereon, by treating it as one for revocation of the order of suspension. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a copy of this judgment along with a copy of this writ petition. The Government shall while considering the matter, have due regard to Exts. P5 (a), P6 (a), P7 (b) and P8 photograph produced along with this writ petition and shall also afford the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE. mn.