Sangameswaran vs Cochin Devaswom Board
2021 Latest Caselaw 13405 Ker

WP(C) NO. 12778 OF 2021

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 12778 OF 2021
PETITIONER:

    SANGAMESWARAN, AGED 55 YEARS, S/O.MADHAVAN
    NAMBOODIRI, KALAYAPARAMBATH HOUSE, MANALUR P.O,
    THRISSUR-680617

    BY ADVS.
    LINDONS C.DAVIS
    E.U.DHANYA
    V.N.HARIDAS



RESPONDENTS:

1         COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
          THRISSUR-68001

2         SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR-680001

3         PRINCIPAL, SREE KERALA VARMA COLLEGE, THRISSUR-680011

4         PRINCIPAL, SREE VIVEKANANDA COLLEGE, P.O.KUNNAMKULAM-
          680523

5         UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR,
          THENHIPALAM-673635

6         VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENHIPALAM-
          673665

7         SMT.ARUNA N.A, HEAD ACCOUNTANT, SREE KERALA VARMA
          COLLEGE, THRISSUR-680011


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12778 OF 2021

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                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 6th respondent Vice Chancellor to dispose Ext.P5 appeal within one month period fixed in the statute;

(2) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 retransfer the petitioner to Sree Kerala Varma College, Thrissur by accommodating 7th respondent at Sree Vivekananda College, Kunnamkulam;

(3) to issue a writ of mandamus or any other appropriate writ, order or direction direct the 1st respondent to consider and pass orders on Exhibit.P4 within a time frame fixed by this Hon'ble Court;

(4) to issue a writ of certiorari or any other appropriate writ, order or direction by quashing Exhibit P3 to the extend it which transfer the petitioner to Sree Vivekananda College, Kunnamkulam and transferring the 7th respondent to Sree Kerala Varma College, Thrissur.

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

Standing Counsel appearing for respondents 1 to 4 as well as the

learned Standing Counsel for respondents 5 and 6. In view of the

directions being issued, notice to the 7th respondent is dispensed

with.

3. The substantial prayer raised by the learned counsel for the

petitioner is for a consideration of Ext.P5 appeal preferred by the WP(C) NO. 12778 OF 2021

petitioner as per Statute 72A(7)(viii) read with Statue 67A of Calicut

University (Conditions of Service of the Teachers and Members of Non-

teaching Staff) First Statutes, 1979. It is submitted by the learned

counsel for the petitioner that Ext.P5 appeal has been moved before the

Vice Chancellor and the same is liable to be considered in accordance

with law.

Having heard the learned Standing Counsel also, there will be a

direction to the 6th respondent to take up, consider and pass orders on

Ext.P5 with notice to the petitioner, the Management as well as the 7 th

respondent and after hearing them through any appropriate means,

including by video conferencing within a period of one month from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 12778 OF 2021

APPENDIX

PETITIONER ANNEXURE

EXHIBIT P1 A COPY OF THE ORDER NO.H.15758/2013 DTED 28.01.2021 OF THE 1ST RESPONDENT

EXHIBIT P2 A COPY OF THE REQUEST DATED 16.4.2021 TO THE 2ND RESPONDENT

EXHIBIT P3 A COPY OF THE ORDER NO.H.562/2012 DATED 21.06.2021 OF THE 1ST RESPONDENT.

EXHIBIT P4 A COPY OF THE REPRESENTATION DATED 22.06.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH PROPER CHANNEL

EXHIBIT P5 A COPY OF THE APPEAL BY THE PETITIONER BEFORE THE VICE CHANCELLOR DATED 23.06.2021.