K.Kannan vs State Of Kerala
2021 Latest Caselaw 13167 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                           &
                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
       WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                              WP(C) NO. 36724 OF 2016
PETITIONER:

                  K.KANNAN
                  AGED 49 YEARS, S/O.MAHADEVA IYER, CHAKKALAPUTHEN MADOM
                  C.M.C.-18, CHERTHALA PO, ALAPPUZHA DISTRICT.
                  BY ADV SRI.B.PRAMOD


RESPONDENTS:

       1          STATE OF KERALA
                  REP. BY THE PRINCIPAL SECRETARY, GENRAL EDUCTION
                  DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
       2          THE DEPUTY DIRECTOR OF EDUCATION
                  ALAPPUZHA DISTRICT-688 001.
       3          THE DISTRICT EDUCATIONAL OFFICER
                  DEO OFFICE, CHERTHALA, ALAPPUZHA DISTRICT-688 001.
       4          CHERTHALA MUNICIPALITY
                  MUNICIPAL OFFICE, CHERTHALA,
                  REP. BY ITS SECRETARY 688 524.
       5          THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE
                  GOVT. H.S.S. FOR GIRLS, CHERTHALA,
                  REP. BY ITS CHAIRMAN 688 524.
       6          PETER K.V.
                  HEAD MASTER , GOVT. H.S.S. FOR GIRS,
                  CHERTHALA, ALAPPUZHA 688 524.
                  BY ADV SRI.C.K.SAJEEV
                  SRI. SURIN GEORGE IPE, SR GP FOR R1 TO R3
                  SRI.JOLY CYRIAC,SC FOR R4


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.36724 of 2016
                                     2



                               JUDGMENT

Dated this the 23rd day of June, 2021

S.Manikumar, C.J.

Instant public interest litigation has been filed in the year 2016

seeking for the following reliefs:

"(i) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to take departmental disciplinary action against 6 th respondent for having collected funds using coupons like Ext.P-1.

(ii) Issue a writ of mandamus or any other appropriate writ or order directing the 5th and 6th respondents to properly account the money collected through the sale of coupons and deposit the funds in treasury.

(iii) Issue a writ of mandamus or any other appropriate writ or order directing the 5th and 6th respondents to see that the prize of the sold coupons are refunded to the respective purchasers after giving a public notice for the said purpose."

2. Perusal of the statement of facts filed by the Secretary,

Cherthala Municipality, Municipal Office, Cherthala, the 4th respondent,

shows that the amount collected has been directed to be refunded, to

the buyers, after effecting paper publication. W.P.(C)No.36724 of 2016

Taking note of the above and also of the fact that no grievance

is expressed by the persons, who had deposited, at this juncture, the

reliefs sought for cannot be granted. The writ petition is dismissed.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv W.P.(C)No.36724 of 2016

APPENDIX OF WP(C) 36724/2016

PETITIONER ANNEXURE P1 TRUE COPY OF THE COUPON P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT P3 TRUE COPY OF THE REPORT DATED 22.7.2016 PREPARED BY THE 3RD RESPONDENT P4 TRUE COPY OF THE STATEMENT OF THE ACCOUNT P5 TRUE COPY OF THE APPLICATION DATED 13.6.2016 SUBMITTED BEFORE THE P.I.O. IN THE OFFICE OF THE 3RD RESPONDENT P6 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT P7 TRUE COPY OF THE REPLY DATED 9.8.2016 GIVEN BY THE 3RD RESPONDENT P8 TRUE COPY OF THE REPLY GIVEN BY THE 6TH RESPONDENT P9 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING P10 TRUE COPY OF THE REPORT PREPARED BY THE 3RD RESPONDENT P11 TRUE COPY OF THE COMPLAINT DATED 8.9.2016

/true copy/

P.A. to Judge