Fr.Agostino Vicinis Special ... vs State Of Kerala
2021 Latest Caselaw 20730 Ker

WP(C) NO. 20651 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                    WP(C) NO. 20651 OF 2021
PETITIONER/S:

          FR.AGOSTINO VICINIS SPECIAL SCHOOL
          FOR THE DEAF AND DUMB
          MUNDAMVELI, KOCHI 682 507, THROUGH ITS MANAGER,
          SR. JANCY KATTIPARAMBIL


          BY ADVS.
          JOSE ABRAHAM
          E.ADITHYAN
          PHILIP.N.JOSEPH



RESPONDENTS :

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          GENERAL EDUCATION DEPARTMENT,
          THIRUVANANTHAPURAM 695 001

    2     DIRECTOR
          DIRECTORATE OF MINORITY WELFARE, GOVT. OF KERALA,
          4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DT.,
          KERALA 695 033



          SRI. BIJOY CHANDRAN, SR. GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20651 OF 2021                 2

                                    JUDGMENT

Fr. Agostino Vicinis Special School for the Deaf and Dumb, Mundamveli

has approached this Court being aggrieved by the inordinate delay in

considering the application submitted by the institution for issuance of Minority

Status Certificate.

2. The petitioner contends that the institution is a Christian Minority

Institution established and administered by the Fr.Agostino Vicini Social

Welfare Society and that they are conducting a special school for hearing

impaired students. The petitioner states that they have filed an application

before the Directorate of Minority Welfare, the 2nd respondent herein, for

obtaining minority status and Ext.P2 NOC was obtained on 7.7.2021. Armed

with Ext.P2, the petitioner has approached the 1st respondent and filed Ext.P3

application as early as 16.7.2021. The petitioner contends that no action has

been taken on Ext.P3 till date. It is in the afore circumstances that the

petitioner is before this Court seeking directions.

3. Sri.Adithyan Ezhappilly, the learned counsel appearing for the

petitioner submitted that necessary directions be issued to the 1st respondent

to take an expeditious decision on Ext.P3 in view of Ext.P2 NOC with due

notice.

4. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader.

5. 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 by

issuing the following directions:

a)There will be a direction to the 1st respondent to take up, consider

and pass appropriate orders on Ext.P3 taking note of Ext.P2 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or their authorised

representative.

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 sru

APPENDIX OF WP(C) 20651/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 9/1/2020 ISSUED BY THE GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF KERALA

EXHIBIT P1(A) TRUE COPY OF THE TYPED VERSION OF THE SAME.

EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER SCHOOL BY THE SECOND RESPONDENT DATED 7.7.2021

EXHIBIT P3 TRUE COPY OF THE COVERING LETTER OF THE APPLICATION FOR MINORITY STATUS CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 16.7.2021

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4102 OF 2021 DATED 17.2.2021

RESPONDENT(S) EXHIBITS : NIL