The Manager vs State Of Kerala
2022 Latest Caselaw 5437 Ker

WP(C) No.16421/2022                        1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE AMIT RAWAL
                  Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                                WP(C) NO. 16421 OF 2022(C)
   PETITIONER:

          THE MANAGER, VELUTHAMPI MEMORIAL HIGH SCHOOL KOTTARAKKARA ETC PO,
          AMPALAPPURAM, KOTTARAKARA EDUCATIONAL DISTRICT, KOLLAM DISTRICT

   RESPONDENTS:

      1. STATE OF KERALA, REP: BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION (B) DEPARTMENT, GOVT. SECRETARIAT ANNEX-II,
         THIRUVANANTHAPURAM PIN 695 001
      2. THE DIRECTOR OF GENERAL EDUCATION, THYCAUD, JAGATHY,
         THIRUVANANTHAPURAM- PIN 695014.
      3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
         CORPORATION BUILDINGS, PALAYAM, VIKAS BHAVAN P.O.,
         THIRUVANANTHAPURAM - 695033
      4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, NEAR POLICE STATION,
         KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.


        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 direct the 1st respondent to dispose of Exhibit P10 forthwith
   pending final disposal of the above Writ Petition (Civil).


        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.JOHN JOSEPH VETTIKAD & C.JOSEPH JOHNY Advocates for the petitioner,
   the court passed the following:
 WP(C) No.16421/2022                      2/4




                                  AMIT RAWAL, J.
                            =================
                              WPC.No.16421 of 2022
                         =====================
                         Dated this the 20th day of May, 2022

                                      ORDER

In the present writ petition the prayer has been made on

behalf of the petitioner High School for issuance of directions to the

Government to dispose of representation Ext.P10 dated 31.03.2022

to comply with the judgment Ext.P1 and the order issued as a

consequence thereof vide Ext.P2. It is further contended that the

Government is not assessing the need of the education and also

the applicants who had earlier applied as noticed in the judgment

Ext.P1 are being deprived of consideration. Separate writ petition

would not have been filed and remedy would be, filing appropriate

I.A. in the disposed case as it was a judgment in rem. Be that as it

may.

2. Learned counsel for the petitioner submits that instead

of relegating the petitioner to move an application in the pending

case, treat this case as petition under Article 215 of the

Constitution of India.

At this stage, Sri.Jimmy George, learned Government Pleader

submits that before taking cognizance under Article 215 of the WP(C) No.16421/2022 3/4

WPC.No.16421 of 2022

Constitution of India he will take instructions and come out with

a positive and affirmative reply of implementing the judgment

Ext.P1. In this view of the matter, I defer the hearing of the writ

petition to 30.05.20222.

Sd/-

                                                      AMIT RAWAL, JUDGE
             naksa




20-05-2022                       /True Copy/                       Assistant Registrar
 WP(C) No.16421/2022                 4/4

                       APPENDIX OF WP(C) 16421/2022
Exhibit P1            THE TRUE COPY OF THE JUDGMENT DATED 20-08-2015 IN W.P.

(C) NO. 24143/2010 OF THIS HONOURABLE COURT Exhibit P2 THE TRUE COPY OF GO (MS) NO: 49/2017/ GEDN DATED 14/06/2017 Exhibit P10 THE TRUE COPY OF THE APPLICATION DATED 31-03-2022 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT