Kerala High Court
P.T. Mohanan vs Ponnani Municipality
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
WP(C).No. 29221 of 2006 (D)
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PETITIONERS :
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1. P.T. MOHANAN, S/O. THAMI,
PALLITHILAYI THARAYIL HOUSE, P.O. BIYYAM
CHERUVAYKKARA,PONNANI,MALAPPURAM DISTRICT.
2. M. SATHYAPAL, S/O. PADMANABHAN,
MOOTHEDATH, HOUSE, KUTTIKKAD
PONNANI, MALAPPURAM DISTRICT.
3. P.V. GOPALAKRISHNAN, S/O. KUNHAMBU,
PUTHURUVALAPPIL HOUSE, PONNANI, ANAPPADI
MALAPPURAM DISTRICT.
4. C.P. MUHAMMED HANEEFA,
S/O. C.P.VALIYA MOIDEEN, CHERUPARAMBIL HOUSE
CHERUVAYKKAR, PONNANI-679589.
5. P.P. PRATHAPAN, S/O. KUMARAN,
PULLOONIPARAMBIL, EZHUVATHIRUTHI, PONNANI P.O.
PIN-679577.
6. N.T. SHAJI MOHAN,
NETHRIKKA THARAYIL, PALLPPURAM, PONNANI
MALAPPURAM DISTRICT.
7. P. PADMANABHAN, S/O. NARAYANAN,
NEW PUTHANAYIL HOUSE, EZHUVATHIRUTHI, PONNANI.
8. SUNDARAN V.P., S/O. CHATHAPPAN,
VETTAMVEETTIL PADI, EZHUVATHIRUTHI, PONNANI.
9. K. SURESH BABU, S/O.KRISHNANKUTTY,
KALARIKKAL HOUSE, CHERUVAYKKARA, P.O. BIYYAM
PIN-679 589.
10. SADASIVAN T.,
KAKKAT HOUSE, P.O. ANAPPADI, PONNANI.
AV
W.P.(C).NO.29221 OF 2006
11. M. GIREESAN, S/O. DAMODARAN,
MAPPALA HOUSE, PULLONATH ATHANI, PONNANI.
12. THULASIDAS C., S/O.VELAYI,
CHERUNILATH HOUSE, EASWARAMANGALAM P.O, PONNANI.
13. T.V.PRADEEP, S/O. VELAYUDHAN,
THRIKKANASSERI HOUSE, KADAVANAD, PONNANI.
14. P. RAMESAN,
PUZHAERI HOUSE, PUZHAMBRAM, P.O. BIYYAM-679589
PONNANI.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENTS :
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1. PONNANI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, PONNANI
MALAPPURAM DISTRICT.
2. THE SECRETARY,
PONNANI MUNICIPALITY, PONNANI (P.O), PONNANI
MALAPPURAM DISTRICT.
BY ADVS. SRI.C.M.MOHAMMED IQUABAL,SC,PONNANI MUNICIPALITY
SRI.C.V.MANUVILSAN
SRI.P.K.KHALEEMUDHEEN
SRI.G.SUDHEER (THURAVOOR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-
2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AV
W.P.(C).NO.29221 OF 2006
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 : COPY OF ORDER NO.3687/03 DATED 18.9.2003 OF THE 2ND RESPONDENT
EXT.P2 : COPY OF LETTER DATED 13.10.2003 OF THE 2ND RESPONDENT TO THE 1ST
RESPONDENT
EXT.P3 : COPY OF THE ORDER DATED 16.10.2004 OF THE 1ST RESPONDENT
EXT.P4 : COPY OF NO.HI-3687/04 DATED 17.3.2005 OF THE 2ND RESPONDENT
EXT.P5 : COPY OF ORDER DATED 6.4.2005 OF THE 1ST RESPONDENT
EXT.P6 : COPY OF THE PETITION OF THE PETITIONERS TO THE HONOURABLE
CHIEF MINISTER
EXT.P7 : COPY OF THE PETITION OF THE PETITIONERS TO THE HONOURABLE
MINISTER FOR LOCAL SELF GOVERNMENT
EXT.P8 : COPY OF THE ORDER DATED 15.11.2005 OF THE HON'BLE COURT
EXT.P9 : COPY OF THE JUDGMENT DATED 14-2-2006 IN WP(c)NO.31822/2005 (L)
ISSUED BY THIS HON'BLE COURT
EXT.P10 : COPY OF THE ORDER DATED 7-4-2006 IN CONTEMPT CASE (CIVIL)
NO.528/2006 OF THIS HON'BLE COURT
EXT.P11 : COPY OF THE ORDER DATED 10.4.2006 ISSUED BY THE GOVERNMENT TO
THE RESPONDENTS
EXT.P12 : COPY OF THE ORDER DATED 25-5-2006 OF THE 2ND RESPONDENT
EXT.P13 : COPY OF THE JUDGMENT DATED 22-8-2006 IN C.C.C.NO.528/2006 ISSUED
BY THIS HON'BLE COURT.
EXT.P14 : COPY OF THE DECISION TAKEN IN THE MEETING OF THE 1ST
RESPONDENT ON 5-10-2006
EXT.P15 : COPY OF LETTER OF 1ST RESPONDENT TO SMT.SEEMA
RESPONDENTS' EXHIBITS :
ANNEXURE R2(a) : COPY OF GO.NO.1612/06 DATED 7.7.06
/TRUE COPY/
P.A TO JUDGE
AV
K.VINOD CHANDRAN, J.
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WP(C) NO. 29221 OF 2006
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Dated this the 6th day of July, 2012
JUDGMENT
The petitioners who were engaged as daily wage sanitary workers in the 1st respondent, filed the above writ petition aggrieved by Decision No.14 of the Council dated 05.10.2006, by which, as per the Government orders, the sanitary works carried on at night in the municipal area was discontinued and the workers engaged for such activity at night were also decided to be terminated. When the matter was admitted, this Court had passed the following interim order dated 02.07.2007 "Heard. If the respondents require the service of daily wage workers, for cleaning the muncipal area, the petitioners shall be preferred. In other words, new hands shall not be inducted to that category, without accommodating the petitioners and others retrenched, pursuant to Ext.P14."
2. Subsequently, an application was filed by the WP(C) NO. 29221 OF 2006 2 petitioners as per I.A.No.14377/2007, in which again this Court directed that the interim order dated 02.07.2007 will be kept in mind by the Municipality before any other person is engaged as sanitary worker. The learned counsel Sri.Muhammed Iqubal C.M, appearing for the Municipality also submits that the interim order is being complied with and, if necessary, some of the petitioners are being employed, if they are found eligible. In such circumstance, I am of the opinion that no further orders are necessary in the above writ petition and the writ petition is closed, making the interim order absolute and directing the Municipality to engage such workers in accordance with law and until regular workers are appointed ; considering the individual eligibility of the workers.
Writ petition is closed.
K.VINOD CHANDRAN, JUDGE AV