Kerala High Court
Joy V. Aged 30 Years vs State Of Kerala on 18 December, 2008
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HON'BLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 25TH DAY OF FEBRUARY 2013/6TH PHALGUNA 1934
OP(KAT).No. 738 of 2013 (Z)
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PETITIONER(S):
--------------------------
1. JOY V. AGED 30 YEARS
S/O.VARGHESE, RESIDING AT 364(1/64), NELLIYAMPATHY(PO)
CHITTUR TALUK
PALAKKAD-678 511. WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
2. SONA, AGED 34 YEARS
W/O.RAVI, MATTATHUPADI, CHANDRAMALA ESTATE
CHITTOOR TALUK
PALAKKAD-678 511. WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
3. ROSILY.T.V. AGED 33 YEARS
W/O.GEORGE, PUTHUPPADI, CHANDRAMALA ESTATE
CHITTOOR TALUK
PALAKKAD-678 511. WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
4. GIRIJA AGED 30 YEARS
W/O.SASIKUMAR, PUTHUPPADI, CHANDRAMALA ESTATE
CHITTOOR TALUK
PALAKKAD-678 511. WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
5. PONNAMMA AGED 42 YEARS
W/O.RAJAN, RESIDING AT 3/355, PUTHUPPADI
CHANDRAMALA ESTATE, CHITTOOR TALUK
PALAKKAD-678 511. WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
BY ADVS.SRI.RENJITH THAMPAN (SR.)
SMT.P.R.REENA
OP(KAT).No. 738 of 2013 (Z)
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURE
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM. PIN-695 001.
2. THE DIRECTOR OF AGRICULTURE
AGRICULTURAL DIRECTORATE
THIRUVANANTHAPURAM. PIN-695 001.
3. THE PRINCIPAL AGRICULTURAL OFFICER
KRISHI BHAVAN, PALAKKAD. PIN-678 001.
4. THE GOVERNMENT ORANGE AND VEGETABLE FARM
REPRESENTED BY ITS FARM SUPERINTENDENT
NELLIYAMPATHY, PALAKKAD. PIN-678 511.
5. UMA MAHESWARY
W/O.K.SUBRAMANIAN, NELLIYAMPATHY, PALAKKAD DISTRICT
WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
6. SELVI
W/O.KUMARAN, NELLIYAMPATHY, PALAKKAD DISTRICT
WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
7. M.RAMAN
FATHERS NAME NOT KNOWN, NELLIYAMPATHY
WORKING AS CASUAL LABOUR
GOVERNMENT ORANGE AND VEGETABLE FARM, NELLIYAMPATHY
PALAKKAD-678 511.
R1 TO R4 BY GOVERNMENT PLEADER SRI. VIJU ABRAHAM
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 25-02-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No. 738 of 2013 (Z)
APPENDIX
PETITIONERS' EXHIBITS
P1- TRUE COPY OF THE SENIORITY LIST OF CASUAL LABOURERS OF ORANGE AND
VEGETABLE FARM AS ON 01.10.2010.
P2- TRUE COPY OF THE ORDER DATED 18.12.2008 GOVERNMENT OF KERALA
AGRICULTURAL DEPARTMENT WITH ENGLISH TRANSLATION.
P3- TRUE COPY OF THE COMMUNICATION DATED 29.09.2011 ISSUED BY THE 4TH
RESPONDENT TO THE 3RD RESPONDENT.
P4- TRUE COPY OF THE ADMISSION REGISTER OF THE 6TH RESPONDENT WITH THE
DATE OF BIRTH AS 10.05.1971.
P4(a)- TRUE COPY OF THE ORIGINAL ADMISSION REGISTER WITH DATE OF BIRTH AS
10.05.1967.
P5- TRUE COPY OF THE TAMPERED SCHOOL ADMISSION REGISTER WITH DATE OF
BIRTH AS 24.4.1968.
P5(a)- TRUE COPY OF THE UN TAMPERED SCHOOL ADMISSION REGISTER OF 7TH
RESPONDENT AS DATE OF BIRTH 24.4.1964.
P6- TRUE COPY OF THE VERIFICATION REPORT OF SCHOOL DOCUMENTS OF 8 CASUAL
LABOURERS, WHOSE DOCUMENTS ARE ALLEGED TO BE TAMPERED WITH.
P7- TRUE COPY OF THE MINUTES OF THE MEETING DATED 25.05.2012 PRESIDED OVER
BY THE HON'BLE MINISTER FOR AGRICULTURE WITH ENGLISH TRANSLATION.
P8- TRUE COPY OF THE PROCEEDINGS OF THE PRINCIPAL AGRICULTURAL OFFICER
PALAKKAD DATED 05.10.2012 WITH ENGLISH TRANSLATION.
P8(a)- TRUE COPY OF THE CIRCULAR NO.14144/AVC V(3)/2012 DATED 07.09.2012 WITH
ENGLISH TRANSLATION.
P9- TRUE COPY OF THE OA EKM.NO.12/2012 FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL WITHOUT ANNEXURE.
P10- TRUE COPY OF OA.2591/2012 FILED BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL WITHOUT ANNEXURE.
P11- TRUE COPY OF THE ORDER IN MA.NO.344/2013 IN OA.NO.2591/2012 OF THE
KERALA ADMINISTRATIVE TRIBUNAL.
RESPONDENTS' EXHIBITS : NIL
//True copy//
P.A. TO JUDGE
THOTTATHIL B.RADHAKRISHNAN
& B.KEMAL PASHA, JJ.
....................................................................
O.P.(KAT) No.738 of 2013
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Dated this the 25th day of February, 2013.
JUDGMENT
Thottathil B.Radhakrishnan, J.
The petitioners in this original petition filed under Articles 226 and 227 of the Constitution of India seek to challenge a decision of the Kerala Administrative Tribunal, a Tribunal constituted in terms of the provisions contained in Article 323A of the Constitution. We stand advised by the binding precedent rendered by the Honourable Supreme Court of India in Rajeev Kumar & another Vs. Hem Raj Singh Chauhan & others [2010 (4) SCC 554] that persons, who had not approached the Tribunal, cannot move the High Court at the first instance impeaching the decision of the Tribunal. (See paragraph 14 of that judgment). In conformity with that, we have to necessarily dismiss this original petition. We, O.P.(KAT) No.738 of 2013 2 therefore desist from stating anything on the merits. Hence, this original petition is dismissed without prejudice.
sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) sd/-
(B.KEMAL PASHA, JUDGE) AMV