Kerala High Court
State Of Kerala vs V. Sreedharan on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
WA NO. 1367 OF 2021
AGAINST JUDGMENT DATED 10.04.2017 IN WP(C) 25177/2007 OF THIS COURT
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APPELLANTS/RESPONDENTS IN WP(C):
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001.
AND ANOTHER.
BY GOVERNMENT PLEADER
RESPONDENTS/PETITIONERS IN W.P.(C):
1. V. SREEDHARAN, HSA (MALAYALAM), KKVMPHSS PANOOR (P.O), KANNUR
DISTRICT,PIN-670 692.
AND 3 OTHERS.
BY ADVS.SRI.KALEESWARAM RAJ, VARUN C.VIJAY & THULASI K.RAJ FOR R1 TO R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of Judgment dated 10.04.2017 in
WP(C) No.25177 /2007 passed by the learned Single Judge, pending disposal
of the above Writ Appeal.
This Writ Appeal again coming on for orders on 27/07/2022 upon
perusing the appeal memorandum and this court's order dated
01/04/2022, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=================================
W.A No.1367 of 2021
[arising out of the judgment dated 10.04.2017 in W.P(C) No.25177/2007]
=================================
Dated this the 27th day of July, 2022
ORDER
Sri.Antony Mukkath, learned Senior Government Pleader,
appearing for the appellants in the W.A/respondents in the W.P(C),
would submit, on the basis of instructions and also on the basis of the
pleadings in the additional affidavit dated 12.07.2022, filed in support of
I.A No.1/2022, more particularly in para Nos.5, 7, 8 & 9 thereof, that all
the four writ petitioners have voluntarily paid the excess amounts/
liabilities and that the details of the said liability amounts fixed by the
Department and paid voluntarily by the writ petitioners are stated in
those paragraphs of the said additional affidavit and that the action on
the part of the writ petitioners to voluntarily to pay such excess amounts
of liabilities has been done even before the impugned verdict of the
learned Single Judge, rendered on 10.04.2017 in the instant W.P(C)
No.25177/2007 and that therefore, the learned Single Judge went wrong
in deciding the matter on merits and should have dismissed the W.P(C)
as infructuous, since the writ petitioners have voluntarily cleared the
excess amounts/liabilities.
W.A No.1367 of 2021
2. Further, the learned Single Judge has noted in para.2 of the
impugned judgment that what has been challenged are only show cause
notices and hence, it is also urged that there was no necessity to decide
the W.P(C) on merits. It appears that the respondents herein/writ
petitioners have not filed any objections or affidavits in response to the
abovesaid pleadings of the appellants in the abovesaid additional
affidavit dated 12.07.2022.
3. The appellants may file their objections or versions regarding
the correctness or otherwise of the abovesaid factual aspects and also
regarding the abovesaid contentions raised by the appellants that the
W.P(C) should have been dismissed as infructuous.
4. The interim stay order granted on 04.02.2022, which was
subsequently extended, will stand extended till 31.08.2022.
List the case for orders in the Admission List on 19/08/2022.
Hand Over to both sides
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
vgd
27-07-2022 /True Copy/ Assistant Registrar
