T.K.Raghu vs State Of Kerala
2021 Latest Caselaw 2027 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      WP(C).No.16686 OF 2013(I)


PETITIONER:

               T.K.RAGHU
               MANAGER, GURUDEV UPPER PRIMARY SCHOOL,
               DARSHANAVATTOM, ALTHARAMOOD P.O., VIA.ALAMCODE
               THIRUVANANTHAPURAM, PIN-695 102.

               BY ADVS.
               SRI.P.HARIDAS
               SMT.S.SIKKY

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
               EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF PUBLIC INSTRUCTIONS
               THIRUVANANTHAPURAM-695001.

      3        DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
               THIRUVANANTHAPURAM-695001.

      4        THE DISTRICT EDUCATIONAL OFFICER
               ATTINGAL, THIRUVANANTHAPURAM-695001.

      5        ASSISTANT EDUCATIONAL OFFICER
               ATTINGAL, THIRUVANANTHAPURAM-695001.




               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.16686 OF 2013                2

                            JUDGMENT

This matter has been filed in the year

2013, seeking a direction to the respondents

to sanction upgradation of the "Gurudev Upper

Primary School, Darshanavattom" to the

Secondary Level, taking into account the

urgency of need for such upgradation in the

locality.

2. However, I notice that this matter has

been pending on the files of this Court for

the last more than seven years without any

orders being issued; and it is, therefore,

obvious that even if the petitioner requires

any such benefit at this time, the application

made by him over eight years ago cannot be

allowed, since the ground realities with

respect to such request obviously have

undergone a drastic change in the last more

than seven years.

3. Further, I notice that this writ

petition has never been admitted and that the

petitioner has not been able to secure any

interim order either.

In the afore circumstances, I close this

writ petition without any further orders;

however, leaving full liberty to the

petitioner - if, his request has not been yet

considered - to approach the competent

Authority with a fresh application, which

shall certainly be considered by the said

Authority in terms of law.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/23.1.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXT.P1 - TRUE COPY OF THE SKETCH OF THE MAP OF THE NAGAROOR GRAMA PANCHAYATH UNDATED

EXHIBIT P2 EXT.P2 - TRUE COPY OF THE COMMUNICATION SENT BY THE GOVERNMENT TO THE PRESIDENT PTA OF THE PETITIONER'S SCHOOL DATED 7-7-1984.

EXHIBIT P3 EXT.P3 - TRUE COPY OF THE RESOLUTION NAGAROOR GRAMA PANCHAYATH DATED 28-7-2007

EXHIBIT P4 EXT.P4 - TRUE COPY OF THE LETTER OF RECOMMENDATION BY MEMBER OF DISTRICT PANCHAYATH DATED 14-11-2012

EXHIBIT P5 EXT.P5 - TRUE COPY OF THE LETTER OF RECOMMENDATION BY PRESIDENT OF NAGAROOR GRAMA PANCHAYATH DATED 9-8-2007.

EXHIBIT P6 EXT.P6 - TRUE COPY OF THE LETTER OF RECOMMENDATION BY PRESIDENT OF SIDHANAR EDUCATIONAL SOCIETY DATED 20-12-1991.

EXHIBIT P7 EXT.P7 - TRUE COPY OF THE LATEST REPRESENTATION DATED 5-6-2013 FILED BY THE PETITIONER.

EXHIBIT P8 EXT.P8 - TRUE COPY OF THE JUDGMENT IN WPC.NO.29167/2004 OF THIS HONOURABLE COURT DATED 6-2-2004

EXHIBIT P9 EXT.P9 - TRUE COPY OF THE PERFORMA DATED 15-7-2007.

EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR, GENERAL EDUCATION DATED 27.9.2013.

EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER DATED 29.09.2012

EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED 19.8.2013

EXHIBIT P13 TRUE COPY OF THE REPLY TO SAID APPLICATION FROM OFFICE OF DIRECTOR, GENERAL EDUCAION DATED 10.09.2013.