Kerala High Court
A. Abdul Rasheed Kutty vs The Principal Secretary To ... on 10 August, 2022
WP(C) No.24272/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WP(C) NO. 24272 OF 2022
PETITIONER:
1. A. ABDUL RASHEED KUTTY AGED 60 YEARS S/O ABDUL KHADER, "KUTTIYIL",
EDAVANASSERI, MYNAGAPPALLY P.O, KOLLAM-690 519.
2. C.Y. NIZAM, "KUTTIYIL", AGED 56 YEARS, VENGA P.O, SASTHAMCOTTAH,
KOLLAM - 690 521.
RESPONDENT:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCTION (F)
DEPARTMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001.
2. THE UNDER SECRETARY TO GOVERNMENT, GENERAL EDUCATION (F) DEPARTMENT,
ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
3. THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695
014.
4. THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL),
THIRUVANANTHAPURAM, PIN - 695 014.
5. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, THEVALLY, PIN - 691 009.
6. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM CIVIL STATION, KOLLAM, PIN
- 691 013.
7. SMT. UMAIBA BEEVI, BABU NIVAS, NO 71 POORAM NAGAR, ASRAMOM, KOLLAM,
PIN - 691 002.
8. MISRIYAKUNJU, EZHICHINETUVEEDU, KADATHURMURI, TTHAZHAVA. P.O,
KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690 539.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay implementation and operation of Exhibit P5,P6 and P12
pending final disposal of this Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court order dated
4.8.2022 and upon hearing the arguments of M/S K.S.BHARATHAN, ALPHIN
ANTONY, AADITHYAN S.MANNALI, VISAKH ANTONY, CHRISTINE MATHEW, RANCE R.
Advocates for the petitioners, GOVERNMENT PLEADER for respondents 1 to 6
and M/S SRI. S.SREEKUMAR (SR.) along with Martin Jose P, P.PRIJITH, THOMAS
P.KURUVILLA, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB AMBAT, ANNA
LINDA V.J, HARIKRISHNAN S. Advocates for R7, the court passed the
following:
WP(C) No.24272/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No. 24272 of 2022
-------------------------------------------
Dated this the 10th day of August, 2022
ORDER
I have heard Sri. K.S. Bharathan, the learned counsel appearing for the
petitioner, the learned counsels appearing for the party respondents and the
learned Government Pleader.
2. I find that Ext.P11 judgment rendered by this Court was taken up in
appeal by the petitioners herein and by judgment dated 03.08.2022 in W.A
No.879 of 2022, a Division Bench of this Court, while refusing to interfere with
the judgment, had disposed of the matter by issuing directions.
3. The 2nd respondent, in tune with the directions issued by this
Court in Ext.P8 and P11 judgments, has issued final orders approving the
bylaw. I find from the impugned order as well as the submissions of the
learned Government Pleader that in terms of the directions issued in Ext.P8,
the petitioner was heard on multiple occasions. As observed by the Division
Bench, instead of resorting to appropriate proceedings, the petitioners have
made it a habit to repeatedly approach this Court, raising the very same
WP(C) No.24272/2022 3/4
W.P. (C) No.24272 of 2022
contentions. It would be relevant to note that it was in pursuance to the
directions issued by this Court in a writ petition filed by the petitioners that
the revision petition was finally heard by the 2nd respondent. Except for
directing that the revision petition shall be heard in terms of the directions
issued by this Court, this Court had not directed a fresh hearing to be
conducted in the matter. In the facts and circumstances, I am not persuaded
to extend the interim order granted on 26.07.2022.
Post this matter for hearing. The respondents shall place on record
their counter pleadings within one month.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
10-08-2022 /True Copy/ Assistant Registrar
WP(C) No.24272/2022 4/4
APPENDIX OF WP(C) 24272/2022
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 08.04.2021 IN WPC NO.
9090 OF 2021.
Exhibit P11 TRUE COPY OF THE COMMON JUDGMENT DATED 29.06.2022 IN
WP(c) NO. 20234 OF 2021 AND WP(C) 16565 OF 2021
