OP.No. 13511/2001-H
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. N. Ravindran
- Judgment Date
- 2008-02-04
- Court Decision / Holding
- The original petition is dismissed. The court notes that the point raised is covered against the petitioners by Noushad v. State of Kerala (ILR 2005 (3) Kerala 467); however, it qualifies that petitioners would be entitled to the benefit of the Supreme Court decision if that decision in related SLPs is reversed.
- Final Disposition
- Original petition dismissed.
Parties to the Case
Appellants / Petitioners
- RAMESAN
- JAYADAS
- SAI.K.R.
- SREEKUMAR
- SURESHKUMAR
- SATHEESHKUMAR
- SUNI. K.
- SAJEEV. P.S.
- LEELAKRISHNAN
- SREEKUMAR K.P.
- GEORGEKUTTY
- RAJMOHAN
- ZACHARIA MATHEW
- SUDERSANA BABU
- SOLOMON
- PRASANNAN.B
- THAHAKOYA
- KOSHY CHERIYAN
- HARILAL
- RAJU.T.
- SAJI.B.
- SURESH KUMAR
- SHAJAHAN.E.E.
- GOPAKUMAR
- SANTHOSH.M.C
- KAMARUDDIN
- JAYAKUMAR
- VINOD
- ANTONY PIOUS
- ABDUL RASHEED
- RAJAN.K.
- ASHOK KUMAR
Respondents
- STATE OF KERALA, represented by Secretary to Government, Home Department, Secretariat, Trivandrum
- DIRECTOR GENERAL OF POLICE, Police Headquarters, Thiruvananthapuram
- INSPECTOR GENERAL OF POLICE, Armed Police Battalions, Armed Police Headquarters, Thiruvananthapuram
- COMMANDANT, KAP-3, Battalion, SAP Campus, Thiruvananthapuram
- THE SUPERINTENDENT OF POLICE, Kollam
Legal Representation & Advocates
Counsels for Petitioners
- • K. Subash Chandra Bose
Counsels for Respondents
- • SANDESH RAJA
Case Synopsis & Summary
This is an Original Petition (OP) in the Kerala High Court filed on 2001 by 32 petitioners challenging government orders related to postings/transfers of personnel at AR Camp Kollam and related police postings. The petition references several government orders (EXT.P.1–EXT.P.5) concerning transfers, postings and relieving orders, suggesting the petitioners contend their postings were improperly altered or delayed. The respondents are the State of Kerala and senior police authorities, represented by the Government Pleader. The court notes that a Division Bench decision in Noushad v. State of Kerala (ILR 2005 (3) Kerala 467) covers the petitioners’ point, implying a similar factual situation. The petitioners’ counsel argued that, in an identical scenario, a prior case could lead to relief if the Supreme Court reverses an existing Division Bench decision in related Special Leave Petitions. The court, while dismissing the petition, commented that the petitioners would be entitled to the benefit of the Supreme Court decision if that decision were reversed. Ultimately, subject to that caveat, the original petition is dismissed. The matter was finally heard on 04/02/2008, with a single judge delivering the order.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that, in an identical situation, a Division Bench of this Court dismissed O.P. No. 6003/2003 and observed that if the petitioners’ claim is upheld by the Supreme Court in related Special Leave Petitions, they would receive the benefit of that Apex Court decision. Relying on this parallel, they argued for relief consistent with the Apex Court’s eventual decision. They pointed to the transfer/posting records (EXT.P.1–EXT.P.5) to show the challenged actions and sought relief consistent with the Division Bench’s cited reasoning in Noushad v. State of Kerala.
Contentions of Respondents
The respondents argued that the petition is squarely covered by the Division Bench decision in Noushad v. State of Kerala (ILR 2005 (3) Kerala 467). They contended that, given the existing law and the Division Bench ruling, there is no ground to grant the requested relief at this stage, especially in light of no final Supreme Court determination favorable to the petitioners. The respondents relied on the government orders and administrative actions cited by the petitioners as basis for dismissal, emphasizing adherence to established postings and transfers policies.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Noushad v. State of Kerala | ILR 2005 (3) Kerala 467 | Positive | The judgment explicitly states that the petitioners’ issue is covered against them by the Division Bench decision in Noushad, indicating a supportive treatment of this cited case. |
Diagnostic Tool
Does this judgment govern your specific facts?
Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against OP.No. 13511/2001-H and instantly map out authorities that support, challenge, or govern your position.
Extracted Judgment Text
Exact text extracted from official judgment records.