Deepa V. S vs State Of Kerala
2023 Latest Caselaw 4784 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                    WP(C) NO. 14075 OF 2023
PETITIONER/S:

            DEEPA V. S., AGED 45 YEARS
            CHANIYIL HOUSE, KUMBALANGHI P.O.,
            KOCHI, PIN - 682007
            BY ADVS.
            MEREENA.J.JOSEPH
            RENU B RAJ.
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, GENERAL EDUCATION
          DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN
          - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM,
          PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          O/O DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION.,
          KAKKANAD P.O., ERNAKULAM., PIN - 682030
    4     ASSISTANT EDUCATIONAL OFFICER
          O/O ASSISTANT EDUCATIONAL OFFICER, MATTANCHERRY,
          KOCHI, PIN - 682001
    5     HEAD MISTRESS
          ILLIKKAL V.P.Y.L.P. SCHOOL, KUMBALANGHI P.O.,,
          KOCHI, PIN - 682007
    6     THE MANAGER
          ILLIKKAL V.P.Y.L.P. SCHOOL, KUMBALANGHI P.O.,
          KOCHI, PIN - 682007
OTHER PRESENT:
          SMT.SURYA BINOY, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       -2-
W.P.(C). No. 14075 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ========================================================

                               W.P.(C) No. 14075 of 2023
                         =============================================================

                     Dated this the 13th day of April, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"1. Call for entire records pertaining to the issuance of Exhibit P 17 report and Exhibit P-18 to P-21 Orders.

2. Issue a writ of Ceritiorari any other Order, Writ or Direction direction to Quash Exhibit P18 to Exhibit P-21 Orders.

3. To declare that the Petitioner is not liable to pay any amount as stated in Exhibit P- 18 to P-21 Orders.

4. Issue a writ of Ceritiorari any other Order Writ or Direction directing the 2nd Respondent to consider and pass orders on Exhibit P-22 revision.

5. To dispense with English translation of Malayalam documents produced.

6. Such other reliefs.

7. Award cost." (sic)

2. Aggrieved by Exts.P18 to P20, the petitioner

submitted Ext.P22 revision before the 3rd respondent. The

W.P.(C). No. 14075 of 2023

grievance of the petitioner is that the 3rd respondent is not

considering the same. In the meanwhile, the recovery steps is

initiated. Hence, this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 2nd respondent to consider

Ext.P22 within a time frame and till then recovery can be

deferred.

Therefore, this writ petition is disposed of in the following

manner:

1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P22, with notice to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a stamped certified copy of this judgment.

W.P.(C). No. 14075 of 2023

2. Till final orders are passed in Ext.P22, recovery steps based on Ext.P18 to P21 shall be deferred.

3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 2nd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 14075 of 2023

APPENDIX OF WP(C) 14075/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE RELIEVING ORDER DATED 16/11/2020 ISSUED BY THE HEAD MISTRESS, SREENARAYANA LOWER PRIMARY SCHOOL, KUNJITHAI, NORTH PARAVOOR Exhibit P2 TRUE PHOTOCOPY OF THE JOINING REPORT ISSUED BY THE TEACHER IN CHARGE (SMT. KANTHIMATHI V) OF ILLIKAL V.P.Y.L.P. SCHOOL DATED 17/11/2020 Exhibit P3 TRUE PHOTOCOPY OF RELEVANT WHATSAPP MESSAGES SENT BY THIS PETITIONER TO TEACHER IN-CHARGE (SMT. KANTHIMATHI V) AND REPLY GIVEN DATED 19/11/2020 Exhibit P4 TRUE PHOTOCOPY OF RELEVANT WHATSAPP MESSAGES SENT BY THIS PETITIONER TO TEACHER IN CHARGE (SMT. KANTHIMATHI V) DATED 23/11/2020 Exhibit P5 TRUE PHOTOCOPY OF RELEVANT WHATSAPP MESSAGES SENT BY THE 5TH RESPONDENT IN THE ILLIKKAL TEACHER'S GROUP STARTING FROM 29/12/2020 AND SUBSEQUENT DATES Exhibit P6 TRUE PHOTOCOPY OF THE ORDER OF THE APPOINTMENT OF PRESIDING AND POLLING OFFICERS DATED 27/11/2020 ISSUED BY THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR ERNAKULAM Exhibit P7 TRUE PHOTOCOPY OF THE ORDER OF THE APPOINTMENT OF PRESIDING AND POLLING OFFICERS DATED 21/03/2021 ISSUED BY THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR ERNAKULUM Exhibit P8 TRUE PHOTOCOPY OF THE ORDER OF THE APPOINTMENT OF PRESIDING AND POLLING OFFICERS DATED 03/04/2021 ISSUED BY THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR ERNAKULAM Exhibit P9 TRUE PHOTOCOPY OF THE REPLY GIVEN TO THE APPLICATION PREFERRED BY THE PETITIONERS HUSBAND UNDER RIGHT TO INFORMATION ACT DATED 08.06.2022

W.P.(C). No. 14075 of 2023

EVIDENCING PETITIONER ALLOTMENT AND PARTICIPATION IN ELECTION DUTY FOR ASSEMBLY ELECTION Exhibit P10 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED IN RESPECT OF PETITIONER'S PARTICIPATION IN COVID CLUSTER DUTY BY THE MEMBER OF WARD NO. 14 OF KUMBALANGHI GRAMA PANCHAYAT DATED 03/09/2022 Exhibit P10(a) TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED IN RESPECT OF PETITIONER'S PARTICIPATION IN COVID CLUSTER DUTY BY THE THEN COVID CELL NODAL OFFICER IN WARD NO.14, DR JAYALAKSHMI K.J. DATED 03/09/2022 Exhibit P 10(b) TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED IN RESPECT OF PETITIONER'S PARTICIPATION IN COVID CLUSTER DUTY BY THE SECRETARY OF KUMBALANGHI GRAMA PANCHAYAT DATED 16/09/2022 Exhibit P 11 TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 2/7/2021 Exhibit P 12 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 15/7/2021 Exhibit P12(a) TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE MEDICAL OFFICER KUMBALANGHI DATED 25/7/2021 Exhibit P13 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 12/8/2021 Exhibit P 14 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE 2ND AND 3RD RESPONDENT DATED 07/08/2021 Exhibit P 15 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22/9/2021 Exhibit P16 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DATED NIL Exhibit P 17 TRUE PHOTOCOPY OF THE REPORT SUBMITTED

W.P.(C). No. 14075 of 2023

BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 01/10/2021 Exhibit P 18 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 19/02/2022 Exhibit P 19 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 31/03/2022 Exhibit P 20 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 30/07/2022 Exhibit P 21 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 25/8/2022 Exhibit P 22 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20-11-2022 Exhibit P 23 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 22/11/2022