The Manager, T M V Higher Secondary ... vs The State Of Kerala
2022 Latest Caselaw 1378 Ker

WP(C) No.3353/2022                           1/3


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
             Tuesday, the 1st day of February 2022 / 12th Magha, 1943
                           W.P.(C) NO. 3353 OF 2022 (T)
   PETITIONERS:

      1. THE MANAGER, T M V HIGHER SECONDARY SCHOOL PERUMPILAVU, (VIA)
         KUNNAMKULAM, THRISSUR DISTRICT-680 519 (REPRESENTED BY THE POWER OF
         ATTORNEY HOLDER CHACKO GEORGE PANAKKAL AGED 59 YEARS, SON OF P C
         GEORGE)
      2. JUDIT MARY DASAN. PHYSICAL EDUCATION TEACHER, T M V HIGHER SECONDARY
         SCHOOL, PERUMPILAVU, (VIA) KUNNAMKULAM, THRISSUR DISTRICT-680 519.

   RESPONDENTS:

      1. THE 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, THRISSUR @ AYYANTHOLE-680 003.
      4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, MINI CIVIL STATION,
         THRISSUR DISTRICT-680 506.
      5. SRI.C C CLEMENT MENIAL, T M V HIGHER SECONDARY SCHOOL, PERUMPILAVU
         VIA, KUNNAMKULAM, THRISSUR DISTRICT-680 519.

        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 issue an interim direction commanding the 1st Respondent to
   effectively consider and pass apprpriate orders upon Exhibit P4 after
   affording an opportunity of being heard to the petitioners within a time
   limit and in the meantime, Exhibit P3 may be kept in abeyance, pending
   finalization of the Writ Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.V.A.MUHAMMED & M.SAJJAD, Advocates for the petitioners, and the
   GOVERNMENT PLEADER for R1 to R4, the court passed the following:

                                                                        [P.T.O.]
 WP(C) No.3353/2022                            2/3




                             BECHU KURIAN THOMAS, J.
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                               W.P.(C) No.3353 of 2022
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Dated this the 1st day of February, 2022


                                              ORDER

Admit. The learned Government Pleader takes notice for

respondents 1 to 4. Issue notice to the 5th respondent.

2. There was a specific direction in Ext.P1 judgment, to issue

notice to respondents 6 and 8 and hear them before issuing Ext.P3 order.

A perusal of Ext.P6 reveals, atleast prima facie, that notice had not been

issued to the 2nd petitioner before conducting hearing. I am of the view

that Ext.P3 is liable to be stayed. Accordingly, there will be an interim stay

of Ext.P3 for a period of three months.

Post along with WP(C) No.2896/2021.

Sd/-

                                              BECHU KURIAN THOMAS, JUDGE
       RKM




01-02-2022                      /True Copy/                           Assistant Registrar
 WP(C) No.3353/2022                 3/3

                      APPENDIX OF WP(C) 3353/2022
Exhibit P1           TRUE COPY OF THE INTERIM ORDER IN WPC NO.2896/2021 OF

THIS HON'BLE COURT DATED 19.05.2021.

Exhibit P3 TRUE COPY OF THE ORDER NO.DGE/771/2021-ECS DATED 25.11.2021 OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER BEFORE THE GOVERNMENT ON 10.12.2021 (WITHOUT EXHIBITS).

Exhibit P6 TRUE COPY OF THE HEARING NOTICE DATED 08.11.2021 OF THE 2ND RESPONDENT.