Brijin P vs State Of Kerala
2021 Latest Caselaw 5051 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                        WP(C).No.3560 OF 2021(T)


PETITIONER/S:

                BRIJIN P.,
                AGED 26 YEARS
                S/O.BALAN P., FULL TIME MENIAL, VVM HSS, MARAKKARA,
                MARAKKARA P.O., MALAPPURAM-676553, RESIDING AT
                PATTALATHIL HOUSE, TRIKKULAM, THIRURANGADI P.O.,
                MALAPPURAM-676306.

                BY ADVS.
                SHRI.S.ANEESH
                SRI.J.G.SYAMNATH

RESPONDENT/S:
       1      STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

      3         THE DEPUTY DIRECTOR OF EDUCATION,
                DOWNHILL P.O., MALAPPURAM-676519.

      4         THE DISTRICT EDUCATION OFFICER,
                CIVIL STATION, TIRUR P.O., MALAPPURAM-676101.

      5         THE MANAGER,
                VVM HSS MARAKKARA, MARAKKARA P.O., MALAPPURAM-676553.

      6         THE HEADMASTER,
                VVM HSS MARAKKARA, MARAKKARA P.O., MALAPPURAM-676553.

      7         HARIDAS VALANCHERRY,
                FULL TIME MENIAL, VVM HSS MARAKKARA, MARAKKARA P.O.,
                MALAPPURAM-676553.

                SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3560 OF 2021

                                    2




                             JUDGMENT

Dated this the 11th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) To call for the records leading to Exhibit P7 and quash the same by the issuance of a Writ of Certiorari.

(ii) To issue a Writ of Mandamus directing the 1 st respondent to consider and pass orders on Exhibit P8 and P9, untrammelled by Exhibit P7 order, after affording an opportunity of being heard to the petitioner.

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 pursuant to Ext.P6 judgment issued by this Court, the

revision petition preferred by the Manager had been considered.

However, when Ext.P7 order was passed, though the petitioner

was a party in Ext.P6 judgment, the petitioner was not put on

notice and heard. Against Ext.P7 order, the petitioner has

preferred Ext.P8 statutory revision petition before the 1 st WP(C).No.3560 OF 2021

respondent, as also Ext.P9 supplementary representation.

4. It is submitted that the revision petition is liable to be

considered and disposed of with notice to the parties.

Having heard the learned Government Pleader also, I am of

the opinion that since Exts.P8 and P9 have been preferred by the

petitioner before the 1st respondent, the same are liable to be

considered in accordance with law. There will, accordingly, be a

direction to the 1st respondent to take up, consider and pass

orders on Ext. P8 revision petition and Ext.P9 representation with

notice to the petitioner as well as respondents 5 to 7 by any

appropriate means including through video conferencing. Orders

shall be passed within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3560 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER DATED 01.06.2017 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER DATED 01.06.2017 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DATED 06.06.2019 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 22.09.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 14.01.2021 IN WP(C)NO.24351 OF 2020.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 14.09.2020 IN W.P(C)NO.18734 OF 2020.

EXHIBIT P7 TRUE COPY OF ORDER DATED 23.01.2021 ISSUED BY THE 2ND RESPONDENT RA(3)196653/2021/DGA/DDS

EXHIBIT P8 TRUE COPY OF REVISION PETITION DATED 06.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 08.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.