Kerala High Court
Hassan @ Jamsheer vs State Of Kerala on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
WP(C) NO. 41339 OF 2022
PETITIONER:
HASSAN @ JAMSHEER, AGED 40 YEARS, S/O. ABDU,
CHERUVALAPPIL HOUSE, KOOTTAYI P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT,
PIN - 676562
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014
4 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOTTAPADY, DOWN HILL, MALAPPURAM DISTRICT,
PIN - 676505
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101
6 KUNJUMOL, MANAGER, IIMLPS KOOTTAYI NORTH,
KOOTTAYI P.O., TIRUR TALUK, MALAPPURAM DISTRICT,
PIN - 676562
SMT.NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 41339/22
2
JUDGMENT
The petitioner has approached this Court with a singular plea
that Ext.P13 Statutory Revision, filed under Chapter XIVA Rule 92 of
the Kerala Education Rules, 1959, before the 2 nd respondent -
Secretary to Government, be directed to be taken up and disposed of
within a time frame to be fixed by this Court.
2. In response, Smt.Nisha Bose - learned Senior Government
Pleader appearing on behalf of the official respondents, submitted
that if the petitioner only requires Ext.P13 Revision to be taken up
by the 2nd respondent and disposed of in terms of law, there does
not appear to be any legal impediment in doing so; but prayed that
this Court may not make any affirmative declarations on the
entitlement of the petitioner to any relief and leave it to the
competent Authority to take a final decision as per law.
Resultantly, I order this Writ Petition and direct the 2 nd
respondent to take up Ext.P13 Revision of the petitioner and dispose
it of, after affording him an opportunity of being heard; thus
WPC 41339/22
culminating in an appropriate order and necessary action thereon as
expeditiously as is possible, but not later than four months from the
date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 41339/22
APPENDIX OF WP(C) 41339/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DOCUMENT NO. 2362/19
OF SRO TIRUR DATED 03.08.2019
Exhibit P2 THE TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONER AND OTHERS DATED
17.06.2019
Exhibit P3 THE TRUE COPY OF THE BYE LAW OF IIMLP
SCHOOL, KOOTTAYI NORTH DATED 19.09.2019
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY CHERUVALAPPIL ABDU, S/O.
MARAKKAR AND OTHERS BEFORE 5TH RESPONDENT
DATED 30.09.2019
Exhibit P5 THE TRUE COPY OF THE ORDER OF 4TH
RESPONDENT DATED 04.11.2019
Exhibit P6 THE TRUE COPY OF THE DEATH CERTIFICATE OF
ABDU DATED 25.06.2022
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 5TH
RESPONDENT DATED 10.05.2022
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 30.05.2022
Exhibit P9 THE TRUE COPY OF THE APPEAL PREFERRED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 30.05.2022
Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.21692/2022 BEFORE THIS HON'BLE
COURT DATED 4.7.2022
Exhibit P11 THE TRUE COPY OF THE ORDER ISSUED BY THE
3RD RESPONDENT DATED 2.9.2022
Exhibit P12 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 22.11.2022
Exhibit P13 THE TRUE COPY OF REVISION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
1.12.2022
