T.A.Narayanan vs State Of Kerala
2021 Latest Caselaw 21190 Ker

WP(C) NO. 22242 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. 22242 OF 2021
PETITIONER/S:

          T.A.NARAYANAN
          AGED 55 YEARS
          S/O. GOPALAN, UPPER PRIMARY SCHOOL TEACHER,
          A S V U P SCHOOL, EDAKKARA,
          KOZHIKODE DISTRICT-673 616
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, KOZHIKODE-673 020

    4     THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          BALUSSERY, KOZHIKODE DISTRICT
 WP(C) NO. 22242 OF 2021         2




    6     THE MANAGER,
          A S V U P SCHOOL, EDAKKARA,
          KOZHIKODE DISTRICT-673 616
    7     THE HEADMASTER,
          A S V U P SCHOOL, EDAKKARA,
          KOZHIKODE DISTRICT-673 616


          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. 22242 OF 2021                             3




                                         JUDGMENT

Instant writ petition is filed seeking the following reliefs:

"i) call for the records relating to Exhibit P12 and set aside the original of

the same by the issue of a writ of certiorari or other appropriate writ or

order.

ii) issue a writ of mandamus or other appropriate writ, order or direction

commanding the respondents to treat the period of suspension of the

petitioner as duty for all purposes.

iii) issue a writ of mandamus or other appropriate writ order or direction

commanding the 2nd respondent to consider and pass appropriate

orders upon Exhibit P13 after affording an opportunity of being heard to

the petitioner within a time limit.

2. Sri. M.Sajjad, the learned counsel appearing for the petitioner

submitted that the limited request of the petitioner is for issuance of directions

to the 2nd respondent to consider and pass orders on Ext.P13 appeal within a

timeframe with due notice.

3. The learned Government Pleader submits that if the request of the

petitioner is only to consider Ext.P13 appeal on its merits, necessary directions

can be issued.

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

party respondents are 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) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Ext.P13 appeal, as per

procedure and in adherence to the provisions of law, after affording

an opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorised representative as well as the

party respondents.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three 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) 22242/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.B2/8751/2016 DATED 24.12.2016 OF THE DEO, THAMARASSERY

Exhibit P2 TRUE COPY OF THE ORDER NO.B2/8751/2016 DATED 06.01.2017 OF THE DEO, THAMARASSERY

Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 10.06.2019

Exhibit P4 TRUE COPY OF THE JUDGMENT IN SESSIONS CASE NO.917/2017 DATED 27.09.2019 OF THE COURT OF ADDITIONAL DISTRICT & SESSIONS JUDGE

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 14.02.2019

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE AEO, BALUSSERY DATED 14.02.2019

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 25.10.2019

Exhibit P8 TRUE COPY OF THE LETTER NO.D/5666/2019 DATED 12.02.2020 OF THE DEO THAMARASSERY

Exhibit P9 TRUE COPY OF THE ORDER NO.C/4726/2016/K.DIS DATED 09.03.2020 OF THE DEO THAMARASSERY

Exhibit P10 TRUE COPY OF THE ORDER NO.C/1071?20/K.DIS DATED 22.02.2021 OF THE AEO BALUSSERY

Exhibit P11 TRUE COPY OF THE APPEAL PETITION MOVED BEFORE THE DEO THAMARASSERY DATED

25.03.2021

Exhibit P12 TRUE COPY OF THE ORDER NO.B2/1693/2021/K.DIS DATED 17.08.2021 OF THE DEO THAMARASSERY

Exhibit P13 TRUE COPY OF THE APPEAL PETITION SUBMITTED BEFORE THE DIRECTOR DATED 17.09.2021, WITHOUT EXHIBITS

RESPONDETNS EXHIBITS:NIL