Kerala High Court
Velayudhan vs The Secretary To Government on 31 May, 2013
Author: Babu Mathew P. Joseph
Bench: Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 31ST DAY OF MAY 2013/10TH JYAISHTA 1935
WP(C).No. 26462 of 2004 (A)
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PETITIONER(S):
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1. VELAYUDHAN, S/O. KORAN, JUBY NILAYAM,
P.O. KAKKOOR, THAMARASSERY AMSOM, KOZHIKODE DISTRICT.
SECRETARY,KARIMBALAN,SCHEDULE TRIBE,NNMINDA,KOZHIKODE
2. VIJAYAN. A.C., ADUPPIL VEEDU,
P.O. VILANGADU, VELLIYODU AMSOM,DESOM
KOZHIKODE.
3. O.C.JAYAN,S/O.CHANDU,ODAYIL VEEDU,
P.O. VILANGADU, KOZHIKODE DISTRICT.
BY ADVS.SRI.T.SETHUMADHAVAN
SRI.PUSHPARAJAN KODOTH
SRI.K.JAYESH MOHANKUMAR
RESPONDENT(S):
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1. THE SECRETARY TO GOVERNMENT,
SCHEDULED CASTES & SCHEDULED TRIBES DEVELOPMENT
DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
2. THE DIRECTOR, SCHEDULED CASTES &
SCHEDULED TRIBES DEVELOPMENT DEPARTMENT
VIKAS BHAVAN, VITH FLOOR, THIRUVANANTHAPURAM.
3. THE TRIBAL DEVELOPMENT OFFICER,
C-BLOCK, IVTH FLOOR, CIVIL STATION
MALAPARAMBA, KOZHIKODE.
4. C.MOYINKUTTY, MEMBER OF LEGISLATIVE
ASSEMBLY FROM THIRUVAMBADI CONSTITUENCY HAVING
HIS OFFICE AT M.L.A. OFFICE, THIRUVAMBADI.
ADDL.R5 IMPLEADED:
5. TAMRASSERY GRAMA PANCHAYAT,
TAMARASSERY, KOZHIKODE 673573
REPRESENTED BY ITS SECRETARY
ADDL.R5 IS IMPLEADED AS PER ORDER DT 10/2/2005 IN
IA 16119/2004
R1 BY SPECIAL GOVERNMENT PLEADER SMT. SANTHAMMA
R4 & R5 BY ADVS. SRI.K.A.SALIL NARAYANAN
SRI.P.C.NAJEEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-05-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 26462 of 2004 (A)
APPENDIX
PETITIONER'S EXHIBITS :
P1: COPY OF REPORT SUBMITTED BY THE R2 BEFORE THE R1 FOR
SHIFTING THE OFFICE FROM THAMARASSERY TO KOZHIKODE.
P2: COPY OF PROCEEDINGS OF R1 DT 10/3/2004.
P3: COPY OF NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DEILY
DT 12/8/04.
P4: COPY OF APPEAL PETITION DT 13/8/04 SUBMITTED BY 1ST
PETITIONER
P5: COPY OF NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY
DT 16/8/04
RESPONDENT'S EXHIBITS :
EXT.R4(a): COPY OF THE REPRESENTATION RECEIVED FROM TRIBAL
FAMILIES FOR SHIFTING THE OFFICE BACK TO THAMARASSERY.
//TRUE COPY//
P.A. TO JUDGE
BP
BABU MATHEW P. JOSEPH, J.
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W.P.(C) No.26462 of 2004
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Dated this the 31st day of May, 2013
J U D G M E N T
This writ petition has been filed for a direction to respondents 1 to 3 not to shift the office of the Tribal Development Officer from Civil Station, Kozhikode to Thamarassery.
2. Heard. Learned Special Government Pleader submits that the apprehension of the petitioners that the office of the Tribal Development Officer functioning at the Civil Station, Kozhikode will be transferred to Thamarassery is without any foundation. No orders have been issued by the Government for shifting that office from Civil Station, Kozhikode. The said office is still functioning at the Civil Station, Kozhikode, she further submits.
This writ petition has been filed as early as in 2004. Nearly nine years have elapsed since the filing of this writ petition. In view of this fact and the submissions made by the learned Special Government Pleader, this court W.P.(C) No.26462 of 2004 2 finds no basis for the apprehension of the petitioners that the Tribal Development Office will be transferred from Civil Station, Kozhikode to Thamarassery. In that view of the matter, this writ petition does not survive. Therefore, this writ petition is dismissed.
Sd/-
BABU MATHEW P. JOSEPH, JUDGE MJL