The Manager vs The State Of Kerala
2021 Latest Caselaw 18397 Ker

WP(C) NO. 9421 OF 2021               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          WP(C) NO.9421 OF 2021
PETITIONER:

             THE MANAGER,
             C.M.M.HSS, THALAKULATHUR P.O.,KOZHIKODE-673317.

             BY ADVS.
             T.T.MUHAMOOD
             SRI.A.MOHAMMED SAVAD
             SHRI.T.R.VISHNU
             SHRI.NAZEER HUZAIN.H



RESPONDENTS:

       1      THE STATE OF KERALA
              REP BY THE SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

       2      THE DIRECTOR OF GENERAL EDUCATION,
              (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL
              EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR,
              THIRUVANANTHAPURAM-695 001.

       3      THE REGIONAL DEPUTY DIRECTOR,
              HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
              KOZHIKODE-673 004.




              SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    07.09.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9421 OF 2021                    2

                                       JUDGMENT

The petitioner herein is the Manager of CMM Higher Secondary

School, Thalakulathur. The petitioner states that Ext.P2 representation was

submitted on 20.1.2020 before the 1st respondent seeking to sanction

additional Higher Secondary batches in the aided category. The grievance of

the petitioner is that no orders have been passed till date. It is in the afore

circumstances that the petitioner is before this Court seeking the following

reliefs:-

i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondent to sanction 2 additional higher secondary batches in humanities in the petitioner's school in aided sector.

ii) issue a writ or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders of Exhibit P2 representation submitted by the petitioner.

2. Sri.T.R.Vishnu, the learned counsel appearing for the petitioner,

submits that the limited request of the petitioner is an expeditious

consideration of Ext.P4 representation.

3. 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) Without expressing any opinion on the merits of the assertions

made in the representation, there will be a direction to the 1st

respondent to take up, consider and pass appropriate orders on

Ext.P4, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or his authorised

representatives.

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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 9421/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF GO(MS) NO.50/19/G.EDN DATED 30.05.2019

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 20.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF GO (MS) NO 75/2016/G.EDN DATED 5.4.2016

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01-

07-2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL