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Ramakrishnan V.P vs State Of Kerala
2022 Latest Caselaw 1644 Ker

Citation : 2022 Latest Caselaw 1644 Ker
Judgement Date : 15 February, 2022

Kerala High Court
Ramakrishnan V.P vs State Of Kerala on 15 February, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                         WP(C) NO. 4922 OF 2022
PETITIONER/S:

          RAMAKRISHNAN V.P, MANAGER,
          KARUVANCHERI UPPER PRIMARY SCHOOL,
          KARUVANCHERI, KOZHIKODE DISTRICT,
          RESIDING AT KURUMAYIL POYIL HOUSE,
          NADUVATHOOR P.O., KOYILANDY VIA.,
          KOZHIKODE DISTRICT, PIN - 673620.

          BY ADVS.
          K.P.SUDHEER
          ANJALI MENON



RESPONDENT/S:

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

    2     DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM - 695014.

    3     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE DISTRICT - 673101.

    4     V. KUNHIRAMA PANICKER
          VALIYAPURAKANDY HOUSE,
          KARUVANCHERI, PALAYAD NADA, VATAKARA P.O.,
          KOZHIKODE DISTRICT, PIN - 673521

          BY ADV GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4922 OF 2022        ..2..




                         JUDGMENT

The petitioner states that he is the approved

Manager of Karuvancheri Upper Primary School, coming

within the jurisdiction of the 3rd respondent Assistant

Educational Officer. The petitioner has produced Ext.P1

order, approving the change of management, as well the

approval of the petitioner as the Manager of the school.

The petitioner states that the 4th respondent staked claim

for management of the school and by Ext.P2 order, the 3 rd

respondent rejected the request of the 4th respondent.

Since the login credentials of the Manager to access

Samanwaya portal was misused by some strangers to

enter and use the portal, petitioner by virtue of Ext.P1

order, approached the 3rd respondent requesting for

issuance of fresh login credentials for Samanwaya web

portal and to issue new user name and password for

logging into the portal. However, the 3 rd respondent has WP(C) NO. 4922 OF 2022 ..3..

not yet issued fresh login credentials or new user name

and password for logging into the said portal. According

to the petitioner, the operation of Samanwaya web portal

is absolutely necessary for the management of the school

and for correspondence with the authority. Due to the

delay in issuance of the credentials as above, the daily

affairs of the school are adversely affected. The petitioner

has submitted Ext.P3 representation on 19.07.2021,

requesting to issue fresh user name and password for

logging into the Samanwaya web portal of the petitioner,

in the capacity of the Manager of the school. The limited

prayer of the petitioner is for a direction to the 3rd

respondent to consider Ext.P3 request and to issue fresh

user name and password to the petitioner in the capacity

of Manager for logging into Samanwaya web portal.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader. In the nature of the

order I propose to pass, notice to the 4 th respondent is WP(C) NO. 4922 OF 2022 ..4..

not necessary.

3. Since it is stated that Ext.P3 application is

pending consideration before the 3rd respondent from

19.07.2021 and the daily affairs of the school are affected

due to the non-issuance of fresh user name and password

for logging into Samanwaya web portal, there will be a

direction to the 3rd respondent to consider Ext.P3 with

notice to the petitioner and the 4 th respondent and to

pass appropriate orders, in accordance with law, as early

as possible, at any rate, within a period of six weeks from

the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

                                 MURALI PURUSHOTHAMAN
                                         JUDGE
SB/15/02/2022
 WP(C) NO. 4922 OF 2022        ..5..


                APPENDIX OF WP(C) 4922/2022

PETITIONER EXHIBITS

EXHIBIT P1    TRUE COPY OF PROCEEDINGS DATED 20.12.1975 OF THE 3RD

RESPONDENT APPROVING THE CHANGE OF MANAGEMENT

EXHIBIT P2 TRUE COPY OF THE INTIMATION RECEIVED BY THE PETITIONER FROM THE ASSISTANT EDUCATIONAL OFFICER AND DATED 8.11.2021 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 19.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE QUESTIONNAIRE DATED 28.11.2021 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P5 TRUE COPY OF REPLY DATED 4.1.2022 ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS ENGLISH TRANSLATION.

 
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