The High Court of Kerala held that the Tribunal's direction for reconsideration was valid due to non-hearing of interested parties and directed the Government to expedite the matter within one month without being influenced by earlier order findings.
Government to expedite reconsideration within one month; uninfluenced by earlier findings.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
OP(KAT).No. 397 of 2018
AGAINST THE ORDER/JUDGMENT IN OA (EKM) NO.219/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 14-09-2018
PETITIONERS/RESPONDENTS 3 AND 4:
1 SIDDHIK C.A(WRONGLY SHOWN AS SIDDIQUE C.A IN THE CAUSE TITLE OF O.A(EKM)219 OF 2017), AGED 52 YEARS MECHANIC, THEVARA YARD, WATER TRANSPORT DEPARTMENT, THEVARA, ERNAKULAM NOW WORKING IN REGIONAL OFFICE, STATE WATER TRANSPORT DEPARTMENT, JETTY, ERNAKULAM.
2 SREEKUMAR G., MECHANIC (NOW WORKING AS CHARGEMAN), DOCK AND REPAIR SECTION, WATER TRANSPORT, ALLEPPEY, PIN-688011, RESIDING AT PARPIDOM, AYANIVELIKULANGARA NORTH, S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM, KERALA690573.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.L.ANNAPOORNA SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.V.VARGHESE
RESPONDENTS/APPLICANT & RESPONDENTS 1 & 2:
1 SANTHOSH G
S/O Y.GEORGE, AGED 42 YEARS, KUROOMVILA PUTHEN VEEDU, KOKKAD.P.O, KOTTARAKKARA, KOLLAM-691 538, MECHANICCHARGEMAN IN CHARGE, DOCK AND REPAIR SECTION, WATER TRANSPORT, ALAPPUZHA, KERALA.
OP(KAT)397&407/2018
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3 THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, MULLAKKAL P.O., ALAPPUZHA-688011.
BY ADVS.
SRI.P.N.SANTHOSH, SR.GOVERNMENT PLEADER FOR R2 & R3 SMT.P.RANI DIOTHIMA FOR R1
OTHER PRESENT:
SR.GP SRI.P.N.SANTHOSH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 03.06.2019, ALONG WITH OP(KAT).407/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(KAT)397&407/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
OP(KAT).No. 407 of 2018
AGAINST THE ORDER/JUDGMENT IN OA 2433/2016 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 14.09.2018
PETITIONER/RESPONDENT NO.3:
SREEKUMAR.G, AGED 55 YEARS MECHANIC(NOW WORKING AS CHARGE MAN), DOCK AND REPAIR SECTION, WATER TRANSPORT, ALLEPPEY, PIN-688011, RESIDING AT PARPIDOM, AYANIVELIKULANGARA NORTH, S V MARKET P O, KARUNAGAPPALLY, KOLLAM, KERALA-690573.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.L.ANNAPOORNA SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.V.VARGHESE
RESPONDENTS/APPLICANT & RESPONDENTS 1 & 2:
1 ANIL LAL B., AGED 41 YEARS KUTTIPURATH VEEDU, EDAKULANGARA P O, KARUNAGAPPALLY, KOLLAM, PIN-690523, S/O BALAKRISHNA, EMPLOYED AS MECHANIC, DOCK AND REPAIR SECTION, WATER TRANSPORT, ALLEPPEY, KERALA, PIN688011, MOBILE-9846950722.
2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
OP(KAT)397&407/2018
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3 THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, MULLAKKAL P.O., ALLEPPY - 688011.
BY ADVS. SRI.P.N.SANTHOSH, SR.GOVERNMENT PLEADER FOR R2 & R3 SMT.P.RANI DIOTHIMA FOR F1
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 03.06.2019, ALONG WITH OP(KAT).397/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(KAT)397&407/2018
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J U D G M E N T
OP (KAT) Nos.397 & 407 of 2018
Chitambaresh, J.
The Tribunal has directed reconsideration of the issue by the Government primarily because the interested parties were not heard. We do not wish to delve deep except by saying that the Government shall do
so. In doing so, the Government shall be uninfluenced by any observations/findings of the Tribunal in the order impugned. The Government is directed to expedite the matter within a period of one month from the date of receipt of this judgment.
These Original Petitions are disposed of.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
ASHOK MENON
JUDGE
jg
OP(KAT)397&407/2018
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APPENDIX OF OP(KAT) 397/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.219/2017 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P2 CERTIFIED COPY OF THE REPLY STATEMENT IN O.A.(E)219/2017 FILED ON BEHALF OF THE 1ST RESPONDENT OF THE HON'BLE TRIBUNAL. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT IN O.A.NO.219/2017 OF THIS HON'BLE TRIBUNAL. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 4TH RESPONDENT IN O.A.NO.219/2017 OF THIS HON'BLE TRIBUNAL. EXHIBIT P5 TRUE COPY OF MISCELLANEOUS APPLICATION FOR URGENT POSTING UNDER RULE 47 OF PRACTICE OF THE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P6 TRUE COPY OF ORDER DATED 14.9.2018 IN O.A. (EKM) 219/2017 OF THIS HON'BLE TRIBUNAL. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 22.02.2018 IN OP (KAT) 73/2018 OF THIS HON'BLE COURT.
OP(KAT)397&407/2018
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APPENDIX OF OP(KAT) 407/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 CERTIFIED COPY OF THE OA NO.2433/2016 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P2 CERTIFIED COPY OF THE REPLY STATEMENT IN OA 2433/2016 FILED ON BEHALF OF THE 1ST RESPONDENT OF THE HON'BLE TRIBUNAL. EXHIBIT P3 CERTIFIED COPY OF THE REJOINDER DATED 31/10/2017 FILED BY THE APPLICANT IN OA 2433/2016 OF THE HON'BLE TRIBUNAL. EXHIBIT P4 CERTIFIED COPY OF ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN OA 2433/2016 OF THE HON'BLE TRIBUNAL. EXHIBIT P5 CERTIFIED COPY OF THE ORDER DATED 14/09/2018 IN OA 2433/2016 OF THE HON'BLE TRIBUNAL. EXHIBIT P6 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN OP (KAT) 73/2013.
3 issues framed by the court
Whether the Tribunal's order directing reconsideration requiring hearing of interested parties was sustainable when the Government had been previously heard by impugned order.
Whether the Government is under an obligation to expedite the reconsideration within a specified period.
What directive the High Court willing to issue to the Government to prevent repetition of omission to hear interested parties.
Siddik C.A / Sreekumar G
State of Kerala
The Director, State Water Transport Department
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
