Kerala High Court
Sivadasan.C vs Kerala State Co-Operative Federation ...
Author: P.B. Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF NOVEMBER 2016/19TH KARTHIKA, 1938
WP(C).No. 34142 of 2016 (P)
----------------------------
PETITIONER :
---------------------
SIVADASAN.C.,
S/O.PADMANABHAN, AGED 42 YEARS,
PART TIME SWEEPER (UNDER SUSPENSION),
MATSYAFED DISTRICT OFFICE,
MAPPILA BAY FISHERIES COMPLEX, KANNUR,
RESIDING AT ROOM NO.232,
MATSYAFED DISTRICT OFFICE BUILDING,
MAPPILA BAY FISHERIES COMPLEX,
KANNUR -670 017.
BY ADV. SRI.P.K.RAVISANKAR
RESPONDENT(S):
--------------------------
1. KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LIMITED (MATSYAFED),
REPRESENTED BY ITS GENERAL MANAGER, KURAVANKONAM,
THIRUVANANTHAPURAM -695 003.
2. GENERAL MANAGER,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LIMITED (MATSYAFED),
KURAVANKONAM, THIRUVANANTHAPURAM -695 003.
3. DISTRICT MANAGER, DISTRICT OFFICE,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LIMITED (MATSYAFED),
MAPPILA BAY FISHERIES COMPLEX, KANNUR- 670 017.
4. STATION HOUSE OFFICER,
KANNUR CITY POLICE STATION, KANNUR -670 001.
R1 TO R33 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
R4 BY SR GOVERNMENT PLEADER SMT. C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 34142 of 2016 (P)
-----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
---------------------------------------
EXHIBIT-P1: TRUE COPY OF THE ORDER DATED 12.7.2016 IN CRL.M.C.NO.1181 OF
2016 OF COURT OF SESSION, THALASSERY.
EXHIBIT-P2: TRUE COPY OF THE PROCEEDINGS NO.MATSYAFED/E3/4303/2015
DATED 25.7.2016, ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-P3: TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT-P4: TRUE COPY OF THE LETTER DATED 20.07.2016 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 21.10.2016 SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
-------------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
P.B. SURESH KUMAR, J.
--------------------------------------------------
W.P.(C) No.34142 of 2016
--------------------------------------------------
Dated this the 10th day of November, 2016
JUDGMENT
The petitioner is a Part Time Sweeper in the Kannur District Office of the Kerala State Co-operative Federation for Fisheries Development Limited ('the MATSYAFED'). The petitioner being a part time sweeper, he is permitted to reside in a portion of the office on a nominal rent fixed by the authorities. On 22.06.2016, he was arrested by the police alleging involvement in an abkari case and he was in custody for some time. On coming to know of the involvement of the petitioner in the abkari case, the petitioner was placed under suspension as per Ext.P2 order. Later, as per Ex.P4 communication, the third respondent directed the petitioner to vacate the portion of the office building which is being occupied by the petitioner alleging that the petitioner is engaged in the illicit trade of liquor and that there was an occasion for the excise officials to conduct a raid in W.P.(C) No.34142 of 2016 -2- the office premises also on account of the same. Aggrieved by Ext.P4 direction, the petitioner preferred Ext.P5 representation to the Managing Director of the MATSYAFED. The limited prayer made by the learned counsel for the petitioner, when the matter was taken up for admission, is for a direction to the Managing Director of the MATSYAFED to consider and take a decision on Ext.P5.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the MATSYAFED.
3. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the Managing Director of the MATSYAFED to consider Ext.P5 representation preferred by the petitioner within six weeks from today. Ordered accordingly. The petitioner is granted one week's time to vacate the premises occupied by him.
Sd/-
P.B. SURESH KUMAR JUDGE bpr