Kunhikannan Madayi vs The State Of Kerala
2021 Latest Caselaw 5889 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                     WP(C).No.17882 OF 2019(I)

PETITIONER:
              KUNHIKANNAN MADAYI, AGED 69 YEARS
              S/O.M.KORAN, RESIDING AT KADAMKODE,
              THURUTHY(P.O), CHERUVATHUR(VIA),
              KASARAGOD DISTRICT, PIN-671351

              BY ADVS.
              SRI.I.V.PRAMOD
              SRI.K.V.SASIDHARAN
RESPONDENTS:
       1     THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
             GENERAL EDUCATION DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM PIN-695001

      2       THE DIRECTOR OF PUBLIC INSTRUCTIONS,
              JAGATHY(P.O), THIRUVANANTHPAURAM. PIN-695014.

      3       THE ADDL. DIRECTOR OF PUBLIC INSTRUCTIONS(GENERAL)
              JAGATHY(P.O), THIRUVANANTHAPURAM PIN-695014.

      4       THE DISTRIT EDUCATION OFFICER,
              MINI CIVIL STATION, KANHANGAD(P.O),
              KASARAGOD PIN 671315.

      5       P.NARAYANAN ADIYODI,
              RESIDING AT PADINJHATTATH HOUSE, ANIKADI,
              KODAKKAD(P.O), KASARAGOD DISTRICT, PIN-671310

      6       P.RAMACHANDRAN ADIYODI, RESIDING
              AT PADINHATTATH HOUSE, ANIKADI, KADAKKAD(P.O),
              KASARAGOD DISTRICT. PIN-671310

      7       THE KODAKKAD EDUCATIONAL AND CULTURAL CENTRE,
              KODAKKAD(P.O), KASARAGOD DISTRICT, PIN-671310,
              REPRESENTED BY ITS PRESIDENT SRI.T.V.RAGHAVAN.

              BY ADVS.
              SRI.V.A.MUHAMMED
              SRI.K.A.MANZOOR ALI
              SRI-P.M.MANOJ - SR. GP.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17882/19
                                    2


                              JUDGMENT

Even though there are various allegations,

assertions and averments made and urged in

this writ petition, I do not think it is now

proper or prudent for this Court to consider

the same on its merits, since it is conceded

by the learned counsel for the petitioner that

his client has already invoked the alternative

statutory remedy, by approaching the

Government through Ext.P7 Revision, under the

provisions of Rule 92 of Chapter XIVA of the

Kerala Education Rules (KER for short).

2. Sri.P.M.Manoj - learned Senior

Government Pleader, also submitted that since

the petitioner has already invoked his

alternative statutory remedy, this Court may

not enter into the merits of the contentions

as impelled in this case and leave it to the

competent Authority of the Government to take

a decision thereon as per law. WPC 17882/19

3. The learned counsel for the petitioner

also affirmed that his client has preferred

Ext.P7 pending this lis and confined his plea

that same be directed to be taken up and

disposed of within a time frame to be fixed by

this Court.

In the afore circumstances, I order this

writ petition and direct the competent

Secretary of the Government to take up Ext.P7

Statutory Revision filed by the petitioner and

dispose it of, after affording him as well as

the party respondents an opportunity of being

heard - either physically or through video

conferencing - thus culminating in an

appropriate order thereon as expeditiously as

is possible, but not later than four months

from the date of receipt of a copy of this

judgment.

Sd/-

                                              DEVAN RAMACHANDRAN
      RR                                                JUDGE
 WPC 17882/19


                           APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BYE-LAW OF THE 7TH RESPONDENT SOCIETY

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26.04.2018 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 'BOARD OF DIRECTORS OF THE 7TH RESPONDENT SOCIETY DATED 12.4.2018, 25.5.2018, 28.6.2018 AND 17.08.2018

EXHIBIT P4 TRUE COPY OF THE LIST OF OFFICE-

BEARERS APPROVED BY THE DISTRICT REGISTRAR FOR THE YEAR 2019-2020

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.09.2019 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.6.2019 OF THE 3RD RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE REVISION PETITION PREFERRED BY THE PETITIONER BEFORE THE GOVERNMENT.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5(a) TRUE COPY OF THE LIST OF DIRECTORS APPROVED BY THE DISTRICT REGISTRAR WHICH FILED BY THE 6TH RESPONDENT DATED 04-10-2019.

EXHIBIT R5(b) TRUE COPY OF THE PROCEEDINGS NO.G3-

2681/19, DISTRICT REGISTRAR, KARASRAGOD DATED 26-09-2019.

EXHIBIT R5(c) TRUE COPY OF THE JUDGEMENT IN 2020 KHC 454 KERALA HIGH COURT.

WPC 17882/19

EXHIBIT R5(d) TRUE COPY OF THE APPOINTMENT ORDER DATED 02-07-2019 MADE BY THE 5TH RESPONDENT.

EXHIBIT R5(e) TRUE COPY OF THE LETTER No.3934/2019 DATED 26-09-2019 BY DISTRICT EDUCATION OFFICER KANJANGAD TO LAW OFFICER THIRUVANANTHAPURAM.

EXHIBIT R5(F) TRUE COPY OF LETTER No.EM5585/2020/DGE DATED 20-08-2020 OF GENERAL EDUCATION DIRECTOR OFFICE, THIRUVANANTHAPURAM.

EXHIBIT R(g) TRUE COPY OF THE GOVERNMENT ORDER G.O.(ORD) NO.2634/2019/GNL.EDN.DEPT.DATED 29- 06-2019.

EXHIBITR5(h) TRUE COPY OF THE GOVERNMENT ORDER G.O.(ORD) NO.2634/2019/GNL.EDN.DEPT.DATED 29- 06-2019.