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Kerala High Court

Adv.N.K.Vinodkumar vs State Of Kerala on 28 May, 2008

Author: T.R. Ramachandran Nair

Bench: T.R.Ramachandran Nair

       

  

  

 
 
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

          THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

            FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934

                                WP(C).No. 14456 of 2012 (F)
                                   ---------------------------

    PETITIONER(S):
    -------------------------

       ADV.N.K.VINODKUMAR, AGED 47 YEARS,
       RESIDING AT NELLIKKUZHIYIL HOUSE, CHELACHUVADU P.O.,
       KANJIKUZHI VILLAGE, IDUKKI DISTRICT.

       BY ADV. SRI.A.C.DEVASIA

    RESPONDENT(S):
    ----------------------------

    1. STATE OF KERALA
        REPRESENTED BY LAW SECRETARY,
        GOVERNMENT SECRETARIAT,
        THIRUVANANTHAPURAM-695 001.

    2. DISTRICT COLLECTOR,
        PYNAVU, KUYILUMALA, IDUKKI-685 509.

      R1 & R2 BY GOVERNMENT PLEADER SMT. RAJASREE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 20-07-2012, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:

Kss

WPC.NO.14456/2012 F




                              APPENDIX


PETITIONER'S EXHIBITS:




EXHIBIT P1- COPY OF THE G.O.(MS) 51/08/LAW DATED 28.5.2008.

EXHIBIT P2- COPY OF THE REPRESENTATION DATED 3.3.2011 ALONG WITH THE
           NUMBER OF CASES CONDUCTED DURING THE PERIOD 2008 TO 2011
           BEFORE THE 2ND RESPONDENT.

EXHIBIT P3- COPY OF THE INTIMATION DATED 27.4.2011 BY THE 2ND RESPONDENT
           TO THE LAW SECRETARY.

EXHIBIT P4- COPY OF THE INTIMATION LETTERS TO THE PETITIONER
           (7 IN NUMBER) ISSUED BY THE DISTRICT COLLECTOR TO
           APPEAR BEFORE THE CDRF.

EXHIBIT P5- COPY OF THE GOVERNMENT ORDER G.O(MS) 103/08/LAW
            DATED 16.10.2008.



RESPONDENTS' EXHIBITS:                     N I L




                                                        /TRUE COPY/




                                                        P.S.TO JUDGE

Kss



                     T.R. Ramachandran Nair, J.
                   - - - - - - - - - - - - - - - - - - - - - - - -
                       W.P.(C) No. 14456 of 2012
                  - - - - -- - - - - - - - - - - - - - - - - - - - -
                Dated this the 20th day of July, 2012

                                JUDGMENT

The petitioner, an Advocate practicing in Munsiff's Court, Idukki, was appointed for doing work at Munsiff's Court, Idukki as per Ext.P1 Government Order dated 28.5.2008. He was appointed to do work at Munsiff's Court Centre, Idukki.

2. It is stated that the petitioner assumed charge on 5.6.2008 and continued for a period of three years. Initially, the remuneration was fixed at Rs.4,000/- which was enhanced to Rs.5,000/-. Herein, the plea raised by the petitioner is for a direction to respondents 1 and 2 to disburse the remuneration for conducting the cases before the Consumer Disputes Redressal Forum, for the period from 2008 to 2011. It is submitted that the petitioner appeared before the Forum in the light of the direction issued by the District Collector to appear for cases involving Government. Ext.P3 communication shows that the District Collector has already forwarded the statement produced by the petitioner relating to the bill amount, to the Government for consideration and for passing necessary orders. Ext.P4 is a copy of an intimation which is produced to show that the appearance by the WPC.14456/2012 - 2- petitioner as claimed, was as directed by the District Collector.

3. It is upto the first respondent to take a decision in the matter. The writ petition is therefore disposed of directing the first respondent to consider the whole issue and take an appropriate decision. The same will be communicated to the petitioner and to the District Collector, for enabling the petitioner to draw the eligible amount. The entire matter will be finalised within a period of two months from the d ate of production of a certified copy of this judgment along with a copy of the writ petition by the petitioner. No costs.

(T.R. Ramachandran Nair, Judge.) kav/