Padma Sivaprasad vs National Institute Of Open ...
2021 Latest Caselaw 21092 Ker

WP(C) NO. 22206 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                    WP(C) NO. 22206 OF 2021
PETITIONER/S:
           PADMA SIVAPRASAD
           AGED 52 YEARS
           W/O DR.S SIVAPRASAD,
           PADMARAAG, KAVARADI ROAD,
           PETTAH P.O,
           THIRUVANANTHAPURAM,
           PIN-695024.

          BY ADVS.
          MATHEW KURIAKOSE
          J.KRISHNAKUMAR (ADOOR)
          MONI GEORGE


RESPONDENT/S:

    1     NATIONAL INSTITUTE OF OPEN SCHOOLING
          MINISTRY OF HRD, A-24/25, INSTITUTIONAL AREA, SECTOR-
          62, NOIDA, UTTAR PRADESH-201301.

    2     THE SECRETARY
          NATIONAL INSTITUTE OF OPEN SCHOOLING,
          MINISTRY OF HRD, A-24/25, INSTITUTIONAL AREA, SECTOR-
          62, NOIDA, UTTAR PRADESH-201301.

    3     THE REGIONAL DIRECTOR
          NATIONAL INSTITUTE OF OPEN SCHOOLING,
          REGIONAL OFFICE, KERALA STATE HOUSING BOARD BUILDING,
          PANAMPILLY NAGAR, KOCHI-682036.

          SMT NISHA BOSE, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22206 OF 2021                     2

                                         JUDGMENT

Instant writ petition is filed seeking the following reliefs:

"i. Issue a writ of mandamus or any other writ order or direction commanding the 2nd respondent to take immediate action on Ext.P1 representation submitted by the petitioner within a time limit to be prescribed by this Hon'ble Court;

ii. Issue a writ of mandamus or any other writ order or direction commanding the respondent Nos.2 and 3 to ensure that the Play Pen School, Eranholi, Kannur is not functioning in the petitioner's property comprised in Survey No.67/9B (New No.67/127) of Eranholi Village, in Kannur District."

2. Sri. Mathew Kuriakose, the learned counsel appearing for the

petitioner submitted that the limited request of the petitioner is for a direction to

the 2nd respondent to consider and pass orders on Ext.P1 representation within

a timeframe with due notice.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

4. In view of the limited nature of the relief sought, notice to

respondents 1 and 2 is dispensed with.

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 in the admission

stage itself by issuing the following directions:

a) Without expressing any opinion on the merits of the assertions made

in the representation there will be a direction to the 2nd respondent

to take up, consider and pass appropriate orders on Ext.P1, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised representative

and also the Principal of the Play Pen English Medium School,

Eranholi.

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) 22206/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 02.08.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT AND ITS POSTAL RECEIPT.

RESPONDENTS EXHIBITS:NIL