IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 17394 of 2009(S) ------------ -------------------------- PETITIONER: ------------------- REVENUE DEPARTMENT STAFF WELFARE ASSOCIATION,(REGN.NO.80/2009) REGD. OFFICE, KIZHAKKE PULLATTU, ARPPOOKKARA EAST P.O., KOTTAYAM- 686008,REPRESENTED BY K.KARUNANIDHI, ITS WORKING PRESIDENT, S/O.LATE M.KRISHNAN. BY ADV. SRI.P.CHANDRASEKHAR SMT.UMA RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM P.O. THIRUVANANTHAPURAM. 3. THE DIRECTOR VIGILANCE AND ANTI CRRUPTION BUREAU, STAE OFFICE, PMG JN., THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SANTHESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.17394 of 2009 ------------------------------------------ Dated this the 27th day of August, 2009 JUDGMENT Basheer, J. The sole prayer in the writ petition reads thus: “issue writ of mandamus directing the Respondents to consider Exhibit P5 and P6 petition, conduct an enquiry into the irregularities, illegalities and malpractices in the matter of illegal promotion to non existing vacancies of UDC, of illegal assignment of seniority to those who had been provisionally promoted to the post of UDC, granting illegal promotion to these persons to the posts of Deputy Tahsildar, Tahsildar, Deputy Collector and deliberate non implementation of the directions of this Honourable Court contained in various judgments, ad punish the erring official suitably.” 2. Having heard learned counsel for the petitioner and the learned Government Pleader and having perused the pleadings as well as the materials available on record, we are satisfied that this writ petition need not be kept pending on the file of this Court, especially in view of the admitted position WP(C) No.17394 of 2009 - 2 - that the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram is already in seisin of the matter. It is seen from the statement filed by the Chief Secretary that an enquiry has been ordered by the Enquiry Commissioner by order dated March 5, 2007 in Crl.M.P.No.91 of 2007. 3. In that view of the matter, we do not find any reason why the petitioner cannot pursue the matter before the said authority. Government shall take all necessary steps to co- operate with the enquiry in concluding the same expeditiously. Writ petition is closed with that liberty reserved in favour of the petitioner. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns