The Manager vs The State Of Kerala

Citation : 2022 Latest Caselaw 5916 Ker
Judgement Date : 31 May, 2022

Kerala High Court
The Manager vs The State Of Kerala on 31 May, 2022
WP(C) NO.7934 OF 2022            1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 7934 OF 2022
PETITIONER:

          THE MANAGER
          ARIKKULAM LP SCHOOL, ARIKKULAM P. O., VIA KOYILANDY,
          KOZHIKODE - 673620.

          BY ADVS.
          T.T.MUHAMOOD
          A.RENJIT
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          NAZEER HUZAIN.H


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM - 695 014.
    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DDE, KOZHIKODE - 673004.
    4     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE AEO, KOYILANDY, KOZHIKODE - 673305.
    5     SHIMJITH D. R.
          HM IN-CHARGE (UNDER SUSPENSION), ARIKKULAM LP SCHOOL,
          ARIKKULAM P. O., VIA KOYILANDY, KOZHIKODE - 673620.
          (RESIDING AT KOOVALA HOUSE, MEPPAYUR P. O.,
          KOZHIKKODE - 673524).
          SRI SUNIL KUMAR KURIAKOSE, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.7934 OF 2022                   2




                                  JUDGMENT

Seeking extension of the period of suspension of the 5th respondent herein, the petitioner, who is the Manager of the Arikkulam LP School, an Aided school governed by the provisions of Kerala Education Act & the Rules framed thereunder, is stated to have preferred Ext.P3 revision petition before the 1st respondent. Though various other reliefs are sought, the limited request of the petitioner is for a direction to the 1st respondent to consider and pass orders on Ext.P3.

2. Heard Sri.T.T.Muhamood, the learned counsel appearing for the petitioner and Sri.Sunil Kumar Kuriakose, the learned Senior Government Pleader.

3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 5th WP(C) NO.7934 OF 2022 3 respondent.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO.7934 OF 2022 4 APPENDIX OF WP(C) 7934/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF ORDER NO.02/2022 DATED 14.02.2022 ISSUED BY THE PETITIONER. Exhibit P2 TRUE COPY OF ORDER NO.C/409/2022 DATED 28.02.2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04.03.2022.

RESPONDENTS' EXHIBITS:

NIL