Kerala High Court
K.Mohammed vs State Of Kerala on 19 November, 2021
WP(C) NO. 25781 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 25781 OF 2021
PETITIONER/S:
K.MOHAMMED,
AGED 65 YEARS,
S/O. KOYAMU HAJI, KADAVATHU HOUSE, TIRUR P.O.,
MALAPPURAM DISTRICT.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, GENERAL EDUCATION DEPARTMENT,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
TIRUR, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
TIRUR P.O., MALAPPURAM DISTRICT-676101.
4 THE HEADMASTER,
AMLPS ETTIRIKKADAVU, TIRUR P.O., MALAPPURAM
DISTRICT-676101.
5 AYAPPALLY FATHIMAKUTTY,
W/O. ENIKUTTY, KADAVATHU HOUSE, TIRUR P.O.,
MALAPPURAM DISTRICT-676101.
SRI BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25781 OF 2021 2
JUDGMENT
Impugning Exhibit P5 order passed by the 3rd respondent interdicting
the appointment of a Manager in the AMLP School Ettirikadavu, Tirur, the
petitioner is stated to have preferred Exhibit P6 appeal before the 2nd
respondent. Seeking expeditious consideration of the appeal, this writ petition
is preferred seeking the following reliefs:
"a) Issue a writ of mandamus or any other appropriate writ, order or
direction directing 2nd respondent to consider and pass appropriate
orders on Ext.P6 appeal, within a time stipulated by this Hon'ble Court.
b) Issue a Writ of Mandamus or any other appropriate writ, order or
direction directing 2nd respondent to appoint the petitioner as the
manager of AMLP School Ettirikadavu, Tirur, Malappuram District."
2. I have heard Sri. C.M. Mohammed Iquabal, the learned counsel
appearing for the petitioner and Sri. Bijoy Chandran, the learned Senior
Government Pleader.
3. In view of the nature of the order that I propose to pass, notice
to respondents 4 and 5 are dispensed with.
4. After having carefully evaluated the contentions raised in this writ
petition, the submissions made across the Bar and the facts and
circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 2nd respondent to take up, consider
and pass appropriate orders on Ext.P6 appeal, as per procedure
and in accordance with law, after affording an opportunity of
being heard, either physically or virtually, to the petitioner herein
or his authorised representative as well as the respondents 4 and
5.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of two months from the date of production
of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned
respondent for further action.
This writ petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX OF WP(C) 25781/2021
PETITIONER (S) EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE COMPLAINT OF THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
NIL.
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT DATED 21/06/2021.
Exhibit P3 THE TRUE COPY OF THE REPLY ISSUED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
25/06/2021.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.13643/2021 OF THIS HON'BLE COURT DATED
26/07/2021.
Exhibit P5 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 12/10/2021.
Exhibit P6 THE TRUE COPY OF THE APPEAL SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 20/10/2021.
RESPONDENT (S) EXHIBITS: NIL
