P.Abdullkutty vs State Of Kerala
2022 Latest Caselaw 7033 Ker

         12354IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

                   WP(C) NO. 13758 OF 2022

PETITIONER/S:

           P.ABDULLKUTTY
           AGED 59 YEARS
           S/O.MUHAMMAD @ KUNHANI HAJI,
           MANAGER, VENGOOR A.M. HIGH SCHOOL,
           MALAPPURAM, RESIDING AT PULIYAKUTH HOUSE,
           PATTIKKAD P.O., PERINTHALMANNA,
           MALAPPURAM DISTRICT-679 325.

           BY ADVS.
           K.A.JALEEL
           ABU SIDDIK P.
           C.Y.VINOD KUMAR

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           THIRUVANANTHAPURAM-695 001.

    2      DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695 014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           AUPS MALAPPURAM, NH 213,
           DOWN HILL, MALAPPURAM-676505.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           MANJERI-WANDOOR ROAD, WANDOR,
           MALAPPURAM-679 328.

    5      BEEVI, W/O.ALAVI,
           AGED 56 YEARS
           KAPPIL HOUSE, VELLIYANCHERI P.O.,
           CHERIPARQAMB, EDAPPATTA,
           MALAPPURAM DISTRICT-679 326.
 WP(C) NO. 13758 OF 2022

                              2


           BY ADVS.
           K.MOHANAKANNAN
           A.R.PRAVITHA

           SRI R PREMCHAND SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 13758 OF 2022

                                        3


                                  JUDGMENT

Petitioner states that he is functioning as the Manager of Vengoor A.M.

High School Malappuram. He contends that this Court by judgment dated

24.02.2022 in W.P.(C.) No. 5008/2022 had issued directions to the Government

to hear the representation submitted by the 5th respondent herein and to take

a decision. According to the petitioner, in blatant violation of directions issued

by this Court in Exhibit P4, the District Educational Officer, Manjeri, the 4th

respondent herein had issued Exhibit P5 order on 21.03.2022. The contention

of the petitioner is that Exhibit P5 order is illegal and unsustainable. In the

said circumstances, he is stated to have preferred Exhibit P6 representation

before the 4th respondent, seeking to cancel Exhibit P5 order. It is in the

afore circumstances that the petitioner has approached this Court seeking to

quash Exhibit P5 and for a further direction to the 1st respondent to decide on

Exhibit P3 representation afresh, after affording an opportunity of being heard

to the petitioner and the affected parties.

2. A counter affidavit has been filed by the 5th respondent. It is stated

therein that in tune with the directions issued by this Court in Exhibit P4, a

notice has been issued calling upon the parties to appear for hearing on

16.05.2022.

WP(C) NO. 13758 OF 2022

3. Sri. C.Y. Vinod Kumar, the learned counsel appearing for the

petitioner submitted that in view of Exhibit R5(d), the limited request at this

stage is for the issuance of directions to the Government to hear the petitioner

herein as well before passing the final order.

4. I find from R5(d) that the petitioner has also been issued a notice by

the Government. In that view of the matter, the apprehension of the petitioner

that he shall not be heard by the Government is misconceived.

This writ petition is accordingly disposed of directing the 1st respondent

to hear the parties, the details of which are mentioned in Ext.R5(d) notice and

to take a decision expeditiously, in any event, within a period of two months.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 13758 OF 2022

APPENDIX OF WP(C) 13758/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CONSENT LETTER DATED 24.6.2013 EXECUTED BY THE LEGAL HEIRS OF LATE MUHAMMAD @ KUNHANI HAJI.

Exhibit P2 TRUE COPY OF THE ORDER DATED 28.9.13 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 25.1.22 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATD 24.2.22 IN WPC NO.5008/2022 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 21.3.22 ISSUED BY THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 1.4.22 SUBMITTED BEFORE THE 4TH RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R5(a) TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 14/08/2013 SHOWING THE LEGAL HEIRS OF SRI.PULLYAKOOTH MUHAMMED @ KUNJANI HAJI WITH TYPED COPY.

Exhibit R5(b) TRUE COPY OF THE REPRESENTATION DATED 28/06/2013 SUBMITTED BY THE LEGAL HEIRS WITH TRANSLATION.

Exhibit R5(c) TRUE COPY OF THE DECLARATION DATED 28/06/2013 BY THE PETITIONER SUBMITTED BEFORE THE DISTRICT EDUCATIONAL OFFICER WANDOOR WITH TRANSLATION.

Exhibit R5(d) TRUE COPY OF THE HEARING NOTICE IN GOVERNMENT LETTER NO.G.EDN-F2/26/2022/G.EDN. DATED 27/04/2022.