This writ appeal succeeded on procedural grounds. The High Court allowed the appeal and set aside the single Judge's judgment in the underlying writ petition, dismissing the petition due to non-joinder of necessary parties affected by the promotions.
Writ appeal allowed; Judgment under appeal set aside; W.P.(C) No. 31307/2015 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
WA.No. 802 of 2016 () IN WP(C).31307/2015
AGAINST THE ORDER/JUDGMENT IN WP(C) 31307/2015 of HIGH COURT OF KERALA DATED 10.03.2016
APPELLANT(S)/THIRD PARTY:
ASSISTANT ENGINEER, W.S. SECTION, KERALA WATER AUTHORITY, NEDUMANGAD, PALODE, THIRUVANANTHAPURAM.
ASSISTANT ENGINEER (MONITORING) KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-33.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S)/PETITIONER & RESPONDENTS 1 -3:
R BY SRI.ANOOP.V.NAIR R BY SRI.MILLU DANDAPANI
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 802 of 2016 ()
: 2 :
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A4
ANNEXURE A10 : TRUE COPY OF THE PROCEEDINGS DATED 06.07.2009.
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
P.A. TO JUDGE.
rv
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
W.A. No. 802 of 2016
-----------------------------------------Dated this the 23rd day of May, 2016.
JUDGMENT
Antony Dominic,J.
Heard the learned counsel for the appellants,the learned counsel appearing for the first respondent and the learned Standing Counsel appearing for respondents 2 and 3.
W.A. No. 802/2016 -2-
they are justified in their contention and the writ petition was defective for non-joinder of necessary parties, in as much as in the judgment promotions effected were interfered with without those persons being impleaded as parties to the petition. For that reason, this writ appeal is allowed. The judgment under appeal is set aside and W.P.(C) No. 31307 of 2015 will stand dismissed. However, it is made clear that the contentions raised by both parties are left open and this judgment or the judgment under appeal will not be a bar in adjudicating those contentions in appropriate proceedings.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv
W.A. No. 802/2016 -3-
2 issues framed by the court
Whether the writ appeal succeeds regarding the dismissal of the impugned judgment on procedural grounds.
Whether the writ petition under challenge was defective for non-joinder of necessary parties regarding promotions.
JYOTHIKUMAR G.D.
SUDARSANAN K.T.
VINODKUMAR R.
KERALA WATER AUTHORITY
FIRST GRADE DRAFTSMAN THOMAS T. GEORGE
DEPUTY CHIEF ENGINEER GENERAL
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
