IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 28240 of 2004(J) -------------------------- PETITIONER(S): --------------- S.MURALEEDHARAN NAIR, S/O.SREEDHARAN NAIR, AGED 49 YEARS, SASTHA KRIPA HOUSE, KALLAYAM P.O. TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.A.G.GIRISH KUMAR SRI.VIMAL KUMAR.A.V. RESPONDENT(S): --------------- 1. THE CORPORATION OF TRIVANDRUM, REP. BY ITS SECRETARY. 2. THE SECRETARY, CORPORATION OF TRIVANDRUM. R1 & R4 BY SR.N.NANDAKUMARA MENON, SC, TVM CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 28240 of 2004(J) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21.10.1999. EXT .P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 17.03.2003. EXT.P3 COPY OF THE ORDER ISSUED BY THE URBAN AFFAIRS DIRECTOR DATED 08.07.2003. RESPONDENT'(S) ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA K. VINOD CHANDRAN, J. ------------------------------------------ WP(C) NO. 28240 OF 2004 ------------------------------------------ Dated this the 22nd day of December, 2011 J U D G M E N T The prayer in the above writ petition is to declare the suspension from 15.10.1999 to 27.03.2003 as illegal and to direct the respondent to disburse the subsistence allowance between 15.10.1999 to 27.03.2003. The first relief necessarily would depend on the enquiry proceedings and this Court cannot adjudicate on the same. However, with respect to the second prayer for grant of subsistence allowance, by an interim order dated 18.03.2005, this Court had directed the respondent to make the payment of the subsistence allowance on production of non-employment certificate for the period. The Standing Counsel for the Corporation produced before me a communication dated 04.04.2005 numbered as H231063/05 by which the Corporation has informed that the amounts due by way of WP(C) NO. 28240 OF 2004 ..2.. subsistence allowance between 15.10.1999 and 27.03.2003 coming to Rs.1,36,808/- (Rupees one lakh thirty six thousand eight hundred and eight only) has been paid on 29.03.2005. The counsel for the petitioner, however, would seek time to obtain confirmation of the same. In the circumstances on the submission of the Standing Counsel, I feel that the matter can be disposed off reserving the right of petitioner to approach this Court for revival of the writ petition in the event of the claim of the petitioner being not fully satisfied. Recording the submission of the Standing Counsel, this writ petition is closed, with the above observations. K. VINOD CHANDRAN, JUDGE bka/-