Kerala High Court
Mr.Deepak vs The State Of Kerala on 22 March, 2022
WP(C) No.8679/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944
WP(C) NO. 8679 OF 2022(H)
PETITIONER:
MR.DEEPAK, AGED 40 YEARS S/O.E.RAJENDRAN, EASWARA VILASAM,
KIZHAKKEKARA, KOTTARAKKARA, KOLLAM,PIN - 691506
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE DIRECTOR GENERAL OF EDUCATION, DGE OFFICE, JAGATHI, TRIVANDRUM.
3. THE DISTRICT EDUCATIONAL OFFICER, NEAR POLICE STATION, KOTTARAKKARA,
, PIN - 691506
4. THE DEPUTY DIRECTOR OF EDUCATION, 20, KOLLAM - ELAMBALLOOR RD,
THEVALLY NAGAR, PALACE NAGAR, THEVALLY, KOLLAM, PIN - 691009
5. THE ADDITIONAL DIRECTOR (GENERAL), GENERAL EDUCATION DEPARTMENT,
OFFICE OF THE DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, PIN -
695014
6. M.NIRMALA DEVI, D/O.A.EASWARA PILLAI, RESIDING AT EASWARA VILASAM,
KIZHAKKEKKARA, KOTTARAKKA, KOLLAM, PIN - 691506
7. ANITHA SIVAKUMAR, D/O.K.N.PILLAI, FLAT 7H, BLOCK A, PLANET X, SRI
DHANYA HOMES, KALLAMPALLY, SRIKARIYAM MEDICAL COLLEGE
P.O.,TRIVANDRUM, , PIN - 695011
8. GEETHA M, D/O LATE CHANDRASHEJHARAN NAIR,A3 PANDITS COLONY,
KOWDIAR,THIRUVANANTHAPURAM, PIN - 695003
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 direct the 1st respondent to consider Exhibits P16, P17 and P18
while passing the final decision on Exhibit P13 Revision in compliance
with Exhibit P14 judgment, pending disposal of the above Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S P.MARTIN JOSE, ANNA LINDA V.J, S.SREEKUMAR (SR.), HARIKRISHNAN S.,
P.PRIJITH, THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON,
SACHIN JACOB AMBAT, Advocates for the petitioner, GOVERNMENT PLEADER for
R1 to R5(B/o), M/S BRIJESH MOHAN, RESMI G. NAIR, Advocates for R6 & R7 and
of SRI. SYAM J SAM Advocate for R8, the court passed the following:
WP(C) No.8679/2022 2/3
AMIT RAWAL, J.
=================
W.P.(C) No.8679 of 2022
=====================
Dated this the 22nd day of March, 2022
ORDER
After hearing the argument to some extent, the entire
controversy revolves on a single point that whether in the revision
petition preferred by the petitioner vide Ext.P13, against the order
dated 14.4.2021, Ext.P12, which was said to be heard on
27.11.2021, during the pendency of the writ petition, any order
has been passed or not, and if yes, whether communicated to the
petitioner, as the grievance of the petitioner is that after the
revision petition was heard, a subsequent event had taken place,
whereby vide resolution dated 19.2.2022, Ext.P16 the majority of
the trustees had decided in favour of the petitioner to continue as
Manager and for the time being, that resolution is not under
challenge in any of the occasions.
2. Mr. Jimmy George submits that he has received the
instructions in the morning that the order has been passed after
the last posting date of the writ petition. At this stage, learned
counsel for the petitioner submitted that noticing the predicament
of the petitioner there was an oral direction by this Court to the
learned Government Pleader to instruct the authorities not to pass
the order. Let the Government Pleader place on record material in
writing to this effect.
Post on 24.3.2022.
sd/-
sab AMIT RAWAL, JUDGE
22-03-2022 sa/131219sassssabs10.
/True Copy/ Assistant Registrar
WP(C) No.8679/2022 3/3
APPENDIX OF WP(C) 8679/2022
Exhibit P12 TRUE COPY OF ORDER OF THE 4TH RESPONDENT DATED
14-04-2021 REJECTING EXHIBIT.P10 REVISION PETITION
Exhibit P13 TRUE COPY OF REVISION PETITION DATED 19-04-2021 FILED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P14 TRUE COPY OF COMMON JUDGMENT DATED 27-08-2021 IN
W.P.(C).NO.10804 OF 2021 AND W.P.(C).NO.16427 OF 2021
OF THIS HON'BLE COURT
Exhibit P16 TRUE COPY OF MINUTES OF THE MEETING DATED 19-02-2022
Exhibit P17 TRUE COPY OF APPLICATION DATED 25-02-2021 FILED BY THE
PETITIONER IN GEDN-F1/55/2021-GEDN
Exhibit P18 TRUE COPY OF EMAIL SEND TO THE 1ST RESPONDENT
