IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WA NO. 811 OF 2022
AGAINST THE JUDGMENT WP(C) 27560/2021 OF HIGH COURT OF KERALA
APPELLANT:
THE MANAGER, MAYYANAD HIGHER SECONDARY SCHOOL
MAYYANDAD P.O., KOLLAM - 691 303, REPRESENTED BY
G.SADASIVAN, S/O.LATE R.GOPALAN, AGED 74 YEARS, LAL DALE,
KUNNUKUZHI, UNIVERSITY P.O., THIRUVANANTHAPURAM - 695 034
BY ADVS.
B.MOHANLAL
P.S.PREETHA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF KERALA,
JAGATHY P.O., THIRUVANANTHAPURAM - 695 014.
THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM-
3. 691009
4. THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE, CUTCHERY
P.O., KOLLAM - 691013.
5.
SRI.K.K.SUGADADAS, S/O.LATE G.KUMARAN, AGED 68 YEARS,
SUJALADHANYAM, SAGARATHEERAM FLATS, EAST LANE, NEAR THANNI
JUNCTION, MAYYANAD P.O., KOLLAM-691 303
SMT. VINEETHA-SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WA NO. 809 OF 2022
AGAINST THE JUDGMENT WP(C) 8910/2022 OF HIGH COURT OF KERALA
APPELLANT:
THE MANAGER,
MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD P.O, KOLLAM -
691303, REPRESENTED BY G. SADASIVAN, S/O. LATE R. GOPALAN,
AGED 74 YEARS, LAL DALE, KUNNUKUZHI, UNIVERSITY P.O,
THIRUVANANTHAPURAM - 695034.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GOVERNMENT OF KERALA, JAGATHY P.O, THIRUVANANTHAPURAM- 695
014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY P.O, KOLLAM 691 009.
4 THE DISTRICT EDUCATIONAL OFFICER,
COLLECTORATE, CUTCHERY P.O, KOLLAM 691 013.
5 SRI. K.K. SUGADADAS,
AGED 68 YEARS
S/O.LATE G. KUMARAN, SUJALADHANYAM, SAGARATHEERAM FLATS,
EAST LANE, NEAR THANNI JUNCTION, MAYYANAD P.O, KOLLAM 691
303.
SMT. VINEETHA-SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.811 of 2022 & WA No.809 of 2022
1
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
==================
WA NO.811 of 2022
(arising out of the judgment in WP(C) No.27560/2021 dated 27.05.2022)
WA No. 809 of 2022
(arising out of judgment in WP(C) No.8910/2022 dated 27.05.2022)
==================
Dated this the 1st day of July, 2022
JUDGMENT
ALEXANDER THOMAS, J.
We will initially deal with Writ Appeal No. 811/2022 which has arisen out of WP(C) No.27560/2021. Sri. B. Mohan Lal, learned Counsel appearing for the appellant/petitioner in the WP(C) would submit that being aggrieved by Ext.P9 order dated 27.01.2021 (produced in WP(C) No.27560/2021), issued by the 4 th respondent DEO, the appellant herein has preferred Ext.P10 statutory appeal dated 11.12.2021, before R2 Director General of Education which is pending consideration and that the petitioner is now only pressing for a direction for consideration and disposal of the aforesaid Ext.P10 appeal by the 2 nd respondent Director General of Education.
2. We have heard the learned Senior Government Pleader also. Smt.A.K. Preetha, learned Advocate submits that she has filed the impleading application for and on behalf of Dr.D. Anitha, who is stated WA NO.811 of 2022 & WA No.809 of 2022 2 to be a legal representative/legal heir of late Krishnan Narayanan, who is the founder of the school and that Dr.D.Anitha is the grand daughter of late Sri.Krishnan Narayanan and that the legal representatives of late Sri.Krishnan Narayanan should also be heard by the appellant authority while disposing of Ext.P10 appeal produced in WP(C) No.27560/2021. Sri. B.Mohan Lal, learned Counsel appearing for the appellant and Smt.B.Vineetha, learned Senior Government Pleader appearing for the official respondents have no serious objections for the DEO to hear the affected parties. Accordingly, without getting into the merits of the controversy in any manner, it is ordered that in case, Ext.P10 appeal dated 11.12.2021 (produced in WP(C) No.27560/2021) is now pending consideration, then the 2nd respondent Director General of Education, after affording reasonable opportunity of being heard to the appellant herein and all other affected parties concerned including the aforesaid Dr.D.Anitha, and then may render a considered decision thereon in accordance with law, without much delay, preferably within two months from the date of production of a certified copy of this judgment.
3. As regards WA No.809/2022, it is submitted by the appellant that being aggrieved by Ext.P11 order dated 14.12.2021, and Ext.P12 order dated 17.01.2022, both issued by the respondent DEO (as WA NO.811 of 2022 & WA No.809 of 2022 3 produced in WP(C) No.8910/2022), the appellant has preferred Ext.P14 statutory appeal dated 16.03.2022, (as produced in WP(C) No.8910/2022), which is now pending consideration before the 2 nd respondent Director General of Education and that this Court may direct the consideration and disposal of the aforesaid Ext.P14 appeal by that authority in a time bound manner. Smt.A.K.Preetha, learned Advocate submits that her party, Dr.D.Anitha may also be heard in the abovesaid process. Accordingly it is ordered that the 2 nd respondent Director General of Education will take up for consideration, Ext.P14 appeal dated 16.03.2022, as produced in WP(C) No.8910/2022 and after affording reasonable opportunity of being heard, the appellant herein as well as the other affected parties concerned including Dr.D.Anitha, may render a decision thereon within two months from the date of receipt of a copy of this judgment.
4. Based on the request of the appellant, it is made clear that the 2 nd respondent Director General of Education will consider the joint or common disposal of both the aforesaid Ext.P10 appeal dated 11.12.2021 (as produced in WP(C) No.27560/2021) as well as Ext.P14 appeal dated 16.03.2022 (as produced in WP(C) No.8910/2022) after hearing the parties as above instead of separate disposal, and as it is brought to our notice by the WA NO.811 of 2022 & WA No.809 of 2022 4 appellant that the issues are inter-related. We make it clear that we have issued these directions without getting into the merits of the controversy in any manner.
5. Having regard to the facts and circumstances of this case, it is also ordered that the directions issued in the impugned judgment for payment of costs will also stand vacated. The impugned common judgment dated 27.05.2022 rendered by the learned Single Judge in the instant WP(C) Nos.8910/2022 and 27560/2021 will stand modified and substituted as above.
With these observations and directions, the above Writ Appeal will stand finally disposed of.
SD/-
ALEXANDER THOMAS, JUDGE SD/-
SHOBA ANNAMMA EAPEN, JUDGE Nsd