The Manager vs The State Of Kerala
2023 Latest Caselaw 4647 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13344 OF 2023
PETITIONER:

          THE MANAGER
          CAUP SCHOOL, MAMPAD, KIZHAKKANCHERY,
          PALAKKAD DISTRICT, PIN - 678541
          BY ADVS.
          K.T.SHYAMKUMAR
          HARISH R. MENON
          K.N.ABHA
          A.G.PRASANTH
          ALEENA SEBASTIAN


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
    3     THE DISTRICT EDUCATIONAL OFFICER
          PALAKKAD, MUNICIPAL COMPLEX, ROBINSON ROAD, OPP.
          GOVERNMENT HOSPITAL, SULTHANPET, PALAKKAD, PIN - 678014
    4     THE ASSISTANT EDUCATIONAL OFFICER
          ALATHUR, ERATTAKULAM, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678541


          SMT.NISHA BOSE, SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13344 OF 2023

                                2




             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C)No. 13344 of 2023
    ----------------------------------------------
     Dated this the 12th day of April, 2023


                     JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P8 appeal filed by the Petitioner as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court.

(ii) Dispense with translation of documents in vernacular language.

(iii) Grant such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."[SIC]

2. Petitioner filed Ext.P8 appeal under Rule

4(3) of Chapter III, KER against Ext.P7 order issued

by the 2nd respondent. The grievance of the WP(C) NO. 13344 OF 2023

petitioner is that the same is not considered. Hence

this writ petition is filed.

3. Heard counsel appearing for the petitioner

and the learned Government Pleader.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 2 nd

respondent to consider Ext.P8 appeal within a time

frame.

Therefore, this writ petition is disposed of in the

following manner:

i. The 2nd respondent is directed to

consider and pass appropriate orders in Ext.P8

after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within a period of three months from the

date of receipt of a stamped certified copy of this

judgment.

ii. Petitioner will produce a stamped WP(C) NO. 13344 OF 2023

certified copy of this judgment along with a copy

of this writ petition before the 2 nd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13344 OF 2023

APPENDIX OF WP(C) 13344/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDERNO.G-4731/02 DATED 12-9-2003 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO.

GI/3090/2004/K.DIS/DPI DATED 9-3- 2004 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS EXHIBIT P3 TRUE COPY OF THE BYLAW APPROVED BY THE 4TH RESPONDENT ON 26-10-2016 EXHIBIT P4 TRUE COPY OF THE LETTER NO.

DDEPKD/10882/2-21-B2 DATED 1-2-2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER NO.C/3308/2021 DATED 30-4-2022 ISSUED BY THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 30-

6-2022 IN W.P.(C) NO: 20319/2022 OF THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE ORDER NO.

DDEPKD/10882/2021-B2 DATED 23-11- 2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE APPEAL DATED 5-12-

2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENT EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE