Citation : 2022 Latest Caselaw 5916 Ker
Judgement Date : 31 May, 2022
WP(C) NO.7934 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 7934 OF 2022
PETITIONER:
THE MANAGER
ARIKKULAM LP SCHOOL, ARIKKULAM P. O., VIA KOYILANDY,
KOZHIKODE - 673620.
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, KOZHIKODE - 673004.
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE AEO, KOYILANDY, KOZHIKODE - 673305.
5 SHIMJITH D. R.
HM IN-CHARGE (UNDER SUSPENSION), ARIKKULAM LP SCHOOL,
ARIKKULAM P. O., VIA KOYILANDY, KOZHIKODE - 673620.
(RESIDING AT KOOVALA HOUSE, MEPPAYUR P. O.,
KOZHIKKODE - 673524).
SRI SUNIL KUMAR KURIAKOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.7934 OF 2022 2
JUDGMENT
Seeking extension of the period of suspension of the 5th respondent
herein, the petitioner, who is the Manager of the Arikkulam LP School, an Aided
school governed by the provisions of Kerala Education Act & the Rules framed
thereunder, is stated to have preferred Ext.P3 revision petition before the 1st
respondent. Though various other reliefs are sought, the limited request of the
petitioner is for a direction to the 1st respondent to consider and pass orders
on Ext.P3.
2. Heard Sri.T.T.Muhamood, the learned counsel appearing for the
petitioner and Sri.Sunil Kumar Kuriakose, the learned Senior Government
Pleader.
3. After having carefully evaluated the contentions raised in this writ
petition, the submissions made across the Bar and the facts and circumstances,
I am of the view that this writ petition can be disposed of by issuing the
following directions:
a) There will be a direction to the 1st respondent to take up, consider
and pass appropriate orders on Ext.P3, after affording an
opportunity of being heard, either physically or virtually, to the
petitioner herein or his authorised representative and the 5th
respondent.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of four months from the date of production
of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned respondent
for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP
APPENDIX OF WP(C) 7934/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF ORDER NO.02/2022 DATED 14.02.2022 ISSUED BY THE PETITIONER.
Exhibit P2 TRUE COPY OF ORDER NO.C/409/2022 DATED 28.02.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04.03.2022.
RESPONDENTS' EXHIBITS:
NIL
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