Fr.Rev.Varghese Arikkat vs State Of Kerala
2022 Latest Caselaw 12059 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                    WP(C) NO. 41908 OF 2022


PETITIONER/S:

    1     FR.REV.VARGHESE ARIKKAT
          AGED 52 YEARS
          S/O. AK. KOCHAPPU, VICAR, INFANT JESUS CHURCH,
          KALLETTUMKARA P.O. - 680683, THRISSUR DISTRICT,
          RESIDING AT ARIKKAT HOUSE, KAROOR P.O.,
          KALLETTUMKARA VIA, THRISSUR - 680683.

    2     O.V.JOHNSON,
          S/O. VARGHESE, AGED 60 YEARS, KAIKKARAN AND TRUSTEE,
          INFANT JESUS CHURCH, KALLETTUMKARA P.O. - 680683,
          THRISSUR DISTRICT, RESIDING AT OLLUKKARAN HOUSE,
          KALLETTUMKARA P.O. - 680683, THRISSUR DISTRICT.

    3     K.F. STEPHEN,
          S/O. K.P. FRANCIS, AGED 57 YEARS,
          KAIKKARAN AND TRUSTEE, INFANT JESUS CHURCH,
          KALLETTUMKARA P.O. - 680683, THRISSUR DISTRICT,
          RESIDING AT KATHVALAPPIL HOUSE,
          KALLETTUMKARA P.O. - 680683, THRISSUR DISTRICT.

    4     SHIJO P. JOSE
          S/O. P.K. JOSE, AGED 45 YEARS, KAIKKARAN AND TRUSTEE,
          INFANT JESUS CHURCH, KALLETTUMKARA P.O. -680683,
          THRISSUR DISTRICT, RESIDING AT POZHALIPARAMBIL HOUSE,
          KALLETTUMKARA P.O. - 680683, THRISSUR DISTRICT.

          BY ADVS.
          GEORGE POONTHOTTAM (SR.)
          NISHA GEORGE
          A.L.NAVANEETH KRISHNAN
   WP(C) NO. 41908 OF 2022     2




RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF GENERAL EDUCATION,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE SECRETARY,
          DEPARTMENT OF GENERAL EDUCATION,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    3     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THYCAUD,
          THIRUVANANTHAPURAM DISTRICT - 695 014.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          IRINJALAKKUDA, THRISSUR DISTRICT - 680125.

    5     THE CATHOLIC EDUCATION TRUST PRIVATE LIMITED,
          KALLETTUMKARA, MUKUNDAPURAM TALUK,
          KALLETTUMKARA P.O. -680683, THRISSUR DISTRICT.
          REPRESENTED BY ITS MANAGING DIRECTOR.




            SMT. NISHA BOSE, SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
    WP(C) NO. 41908 OF 2022                3




                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

i. Issue a writ in the nature of mandamus, directing the 1st respondent to take up Exhibit P2 statutory revision and to pass orders thereon after hearing the petitioner and others, if any;

ii. Dispense with filing of the translation of vernacular documents;

iii. Issue a writ declaring that a duty is cast on the 1st respondent to decide the matter within a time frame to be fixed by this Hon'ble Court.

2. Adv. Ann Maria Francis, the learned counsel appearing for the

petitioner submitted that challenging Ext.P1 order issued by the Director of

General Education (DGE), the petitioner has preferred Ext.P2 revision petition

before the 1st respondent as early as 17.08.2022, which is pending. It is also

submitted that, for the time being, the petitioners would be satisfied if

directions are issued to the 1st respondent to consider Ext.P2 revision petition

and take a decision within a time frame with due notice.

3. Heard Smt. Nisha Bose, the learned senior Government Pleader.

4. In view of the limited nature of the relief sought, no prejudice

would be caused to the 5th respondent if notice 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 at the admission

stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to

take up, consider and pass appropriate orders on

Ext.P2, after affording an opportunity of being

heard, either physically or virtually, to the

petitioners herein or their authorized

representatives and the 5th respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within three months

from the date of production of a copy of this

judgment.

c) It would be open to the petitioners 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

NS

APPENDIX OF WP(C) 41908/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE ORDER NO.DGE/13839/2021-EC5 DATED 29.06.2022 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION.

Exhibit P2 TRUE COPY OF THE STATUTORY REVISION (WITHOUT ANNEXURES) FILED BY THE PETITIONERS BEFORE THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION DATED 17.08.202

RESPONDENT(S) EXHIBITS : NIL