C.Muhammed Abdul Sathar vs The State Of Kerala
2021 Latest Caselaw 16338 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 15557 OF 2021
PETITIONER:

          C.MUHAMMED ABDUL SATHAR
          AGED 55 YEARS
          SON OF SHERIEF MASTER, CHANGANATH, PERUMPADAPPA,
          MALAPPURAM DISTRICT-679580.

          BY ADV K.A.MANZOOR ALI


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          DOWN HILL, MALAPPURAM DISTRICT-676516.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          PONNANI, MALAPPURAM DISTRICT-679577.

    5     THE HEADMASTER,
          A.L.P.SCHOOL, CHENNAMANGALAM (ERAMANGALAM),
          PONNANI, MALAPPURAM DISTRICT-679577.

          SRI. BIJOY CHANDRAN- SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15557 OF 2021

                                           2




                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibit P-5 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to refrain from taking coercive steps against the Petitioner, pending disposal of the Writ Petition.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-7 after affording an opportunity of being heard to the Petitioner within a time limit and in the meantime, Exhibit P-5 may be kept in abeyance."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

against Ext.P5 order dated 19.09.2019, the petitioner has preferred Ext.P7

revision petition before the Government and seeks a consideration

thereof.

4. The learned Government Pleader points out that Ext.P5 order is

dated 19.09.2019 and the disqualification, therefore, would already have WP(C) NO. 15557 OF 2021

taken effect.

5. Since the petitioner has already approached the Government with

Ext.P7 revision petition, I am of the opinion that the issue is to be

considered by the Government. Without expressing any view on the

merits of the matter, there will be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P7 revision petition preferred

by the petitioner, with notice to the petitioner and after hearing him,

through any appropriate means, including video conferencing, within a

period of four months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15557 OF 2021

APPENDIX OF WP(C) 15557/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DECISION REPORTED IN 1997 (2) KLT 529 DECIDED ON 27.8.1997.

Exhibit P2 TRUE COPY OF THE DECISION REPORTED IN 2019 (4) KLT 153 DECIDED ON 13.8.2019.

Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO.B1/11729/2019 DATED 6.6.2019 OF THE DDE, MALAPPURAM.

Exhibit P4 TRUE COPY OF THE REPLY OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE ORDER NO.B1/11729/2019 DATED 19.9.2019 OF THE DDE, MALAPPURAM.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.23541/2009 DATED 4.1.2012.

Exhibit P7 TRUE COPY OF THE PETITION FILED BEFORE THE GOVERNMENT DATED 28.6.2021.

RESPONDENT'S/S EXHIBITS: NIL