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Kerala High Court

Ashokan A.S vs The State Of Kerala on 16 March, 2020

Author: P.V.Asha

Bench: P.V.Asha

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

                       WP(C).No.6086 OF 2020(I)


PETITIONER:

               ASHOKAN A.S.,
               AGED 25 YEARS,
               S/O. SUBRAMANIAN AYYAVU, DOOR NO.141,
               RAMESWARAM COLONY, MATTANCHERY, KOCHI-2

               BY ADVS.
               SRI.K.S.MADHUSOODANAN
               SRI.M.M.VINOD KUMAR
               SRI.P.K.RAKESH KUMAR
               SRI.K.S.MIZVER
               SRI.M.J.KIRANKUMAR

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY SECRETARY,
               LOCAL SELF GOVERNMENT DEPARTMENT,
               GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM - 695 001.

      2        DIRECTOR,
               URBAN AFFAIRS, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM - 695 033.

      3        SECRETARY,
               CORPORATION OF COCHIN, ERNAKULAM - 682 011.


               BY ADV. SRI.BIJOY CHANDRAN, SENIOR GOVT. PLEADER
                       SRI.K.P.JUSTINE (KARIPAT), SC, COCHIN CORPN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6086 OF 2020(I)

                                         2


                                  JUDGMENT

The petitioner's father Subramanian Ayyavu died on 31.01.2017, while working as a Sanitation Worker in Circle No.8 of the Corporation of Kochi. He submitted Ext.P2 application for compassionate appointment. It is stated that all the relevant documents were furnished to the District Collector, as seen from Ext.P4 dated 11.03.2019 and Ext.P5 letter dated 10.12.2019. The petitioner is aggrieved by the delay in processing the application and issuing orders.

In this circumstances of the case, the writ petition is disposed of directing the 2nd respondent to forward the application along with the relevant documents in case it is already received from the District Collector within a period of two weeks, if not already forwarded. There shall be a further direction to the 1st respondent to consider the application Ext.P2 and pass orders thereon, within a WP(C).No.6086 OF 2020(I) 3 period of two months from the date of receipt of a copy of the judgment. On the basis of the decision of the Government in Ext.P2 application, the 3rd respondent shall take necessary follow up action without any further delay, at any rate, within a further period of one month.

Sd/-


                                 P.V.ASHA
 ww                               JUDGE
 WP(C).No.6086 OF 2020(I)

                                 4



                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             PHOTOCOPY OF THE DEATH CERTIFICATE DATED
                       10.2.17.

EXHIBIT P2             PHOTOCOPY OF THE APPLICATION UNDER DYING IN

HARNESS SCHEME WITH ALL DOCUMENTS DATED 9.2.2018.

EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED 11.2.19 BEARING NO.24/EU 4/19/LSGD.

EXHIBIT P4 PHOTOCOPY OF THE LETTER DATED 11.3.19 BEARING NO.E5-247424/19 OF DISTRICT COLLECTOR ERNAKULAM TO TAHSILDAR, COCHIN. EXHIBIT P5 PHOTOCOPY OF THE RECOMMENDATION LETTER DATED 10.12.19 BEARING E4-7033/19.