Allowed

Rajesh T.R v. State of Kerala

Kerala HC3 Nov 2023WP(C)/5943/2023

Case brief

AI extract

What is this about?

In a writ petition seeking a direction to constitute a Commission under a Government Order, the Court held it could not mandatorily direct the Government to appoint the body as it is a policy decision. Instead, the Court directed the Government to immediately consider the petitioner's representation and afford him an opportunity of heard within four months.

What did the court decide?

Directed the Competent Authority to take up the petitioner's representation, afford an opportunity of being heard, and pass an appropriate order within four months.

Rajesh T.R Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 3^RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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WP(C) NO. 5943 OF 2023

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PETITIONER:

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RAJESH T.R AGED 28 YEARS S/O RAJENDRAN.K, THEKKINKATTIL HOUSE, KODAMPAZHIPURAM VILLAGE, OTTAPALAM TALUK, PULAPATTA P.O, PALAKKAD DISTRICT, PIN - 678632

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BY ADVS. ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN

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RESPONDENTS:

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1 STATE OF KERALA REP BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, MINISTRY OF PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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SRI. V.MANU (SR. GP)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.5943 OF 2023

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JUDGMENT

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The petitioner seeks a direction to the respondents to “Constitute a Commission” as specified in Ext.P1 notification, within a time frame to be fixed by this Court.

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Sri.V.Manu – learned Senior Government Pleader, in response to the afore submissions of the petitioner, as made by his learned counsel - Sri.Anand Kalyanakrishnan, submitted that Government is willing to consider the petitioner's request, as has been made by him in Ext.P3, particularly because, the appointment of Commission is a matter in the policy realm. He submitted that, however, this Court may not make any affirmative declarations in favour of the petitioner and leave it to the Government to take a final decision in Ext.P3 representation, within a time frame to be fixed by this Court.

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I have no doubt that, at the first instance, this Court cannot direct the Government to appoint a Commission, in terms of Ext.P1 because, it is a Government Order. It is certainly for the Government itself to take a decision in this regard, adverting to all relevant and germane inputs, of which

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WP(C) NO.5943 OF 2023

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Ext.P3 is one among.

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Since the learned Government Pleader also admits that Ext.P3 is pending, I am certain that it should be decided by the Competent Authority without any avoidable delay.

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In the afore circumstances, I allow this Writ Petition and direct the Competent Authority of the Government to immediately take up Ext.P3 representation of the petitioner and afford him an opportunity of being heard, as also to any other person, whose version may be required to be recorded; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.

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Needless to say, even though I have not entered into the merits of the contentions of the petitioner, while the afore exercise is taken forward, the specific stipulations in Ext.P1 Government Order will be kept in mind by the Competent Authority and its opinion on the same shall be reflected in the resultant order.

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Sd/- DEVAN RAMACHANDRAN, JUDGE

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lsn

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WP(C) NO.5943 OF 2023

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APPENDIX OF WP(C) 5943/2023

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE ORDER DATED 12.02.2020 PUBLISHED IN OFFICIAL GAZETTE ON 13.02.2020 BY THE GOVERNMENT OF KERALA

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Exhibit P2 THE TRUE COPY OF THE LETTER DATED 16.11.2022 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT

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Exhibit P3 THE TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE 1ST RESPONDENT HEREIN DATED 07.12.2022

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Rajesh T.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh T.R v. State of Kerala

Case brief

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