IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20118 of 2011(L) -------------------------------------- PETITIONER: ------------------- J.PAUL PERINCHERY, PERINCHERY HOUSE, FINE ARTS AVENUE, KOCHI-16. BY ADVS. SRI.T.S.RADHAKRISHNA PILLAI, SRI.T.P.RAJENDRAN NAIR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,FOOD & CIVIL SUPPLIES DEPRTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM – 695 001. 3. THE DISTRICT COLLECTOR, THRISSUR – 680 001. 4. THE DISTRICT SUPPLY OFFICER, THRISSUR – 680 001. 5. THE TALUK SUPPLY OFFICER, THALAPILLI, WADAKKANCHERRY – 680 001. R1 TO R5 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20118/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE NO.25932/04(5) DTD. 23/12/2004 ISSUED BY CORPORATION OF COCHIN. EXT.P.2: COPY OF THE PROCEEDINGS NO. F7-5914/2000 DTD. 19/11/2005 ISSUED BY THE R.3. EXT.P.3: COPY OF THE APPEAL DT. 11/12/2005 BEFORE THE R.2. FILED BY THE PETITIONER. EXT.P.4: COPY OF THE PROCEEDINGS OF THE R.2. NO. CS.A8-29600/05 DT. 11/04/2007. EXT.P.5: COPY OF THE APPLICATION DT. 26/06/2007 BY THE PETITIONER. EXT.P.6: COPY OF THE NOTICE DT. 21/08/2007 NO. 5914/2000 ISSUED BY R.2. EXT.P.7: COPY OF THE NOTICE NO.F7/5914/00 DT. 30/09/09 ISSUED BY R.3. EXT.P.8: COPY OF THE APPLICATION WITH ENCLOSURES DT. 25/11/2009 BY THE PETITIONER. EXT.P.9: COPY OF THE NOTICE NO. C.S. 1/2810/00 DT. 20/10/09 ISSUED BY R.5. EXT.P.10: COPY OF THE NOTICE NO. C.S. 1/2810/00 DT. 24/02/10 ISSUED BY R.5. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20118 OF 2011 ----------------------------------------------------- Dated this the 25th day of July, 2011 J U D G M E N T Petitioner's father was appointed as A.W.D. No.3 of Talappilly Taluk. That appointment was cancelled by Ext.P2 proceedings. Since the father expired in the meanwhile, petitioner filed Ext.P3 appeal before the 2nd respondent. In the appeal Ext.P4 order was passed remanding the matter to the District Collector for fresh consideration. 2. While the matter was pending before the District Collector petitioner submitted Ext.P5 application for appointment as well. At that stage, the petitioner was called upon to produce additional documents in the appeal and that request was also complied with. Even in spite of all this, no decision has been taken pursuant to the remand or on Exts.P5 or P8, yet another application submitted by the petitioner. It is complaining of the above W.P.(C) No. 20118 OF 2011 :2 : this writ petition is filed. 3. Having regard to the uncertainty that is prevailing since long, at this stage what is required is the District Collector to whom the matter is remitted as per Ext.P4 order of the 2nd respondent and before whom Exts.P5 and P8 applications are pending, should finalize the proceedings. 4. Therefore I dispose of the writ petition with a direction that the 3rd respondent shall take a decision pursuant to Ext.P4 order of the 2nd respondent and on Exts.P5 and P8. This shall be done with notice to the petitioner and as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge