Kerala High Court
The Manager vs The State Of Kerala on 9 June, 2023
WP(C) NO. 18841 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 18841 OF 2023
PETITIONER/S:
THE MANAGER
MAR BASIL HIGHER SECONDARY SCHOOL KOTHAMANGALAM,
ERNAKULAM DISTRICT., PIN - 686691
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
RESPONDENT/S:
1 THE STATE OF KERALA
REP BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001.
2 THE REGIONAL DEPUTY DIRECTOR (HSE)
OFFICE OF THE REGIONAL DEPUTY DIRECTOR ERNAKULAM,
ERNAKULAM DISTRICT., PIN - 682024.
3 MABLE KUNJACHAN
UPSA MAR BASIL HIGHER SECONDARY SCHOOL KOTHAMANGALAM,
ERNAKULAM DISTRICT., PIN - 686691.
OTHER PRESENT:
SMT.SURYA BINOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18841 OF 2023
2
P.V.KUNHIKRISHNAN, J
WP(C) No.18841 of 2023
th
Dated this the 9 day of June, 2023
J U D G M E N T
The above writ petition is filed with the following prayers:
I) Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing Ext. P4
order issued by the 2 respondent dated 17.05.2023;
nd
or in the alternative;
ii) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1"
respondent to consider and pass orders on Ext. P6
revision after hearing the petitioner and the 3
rd
respondent and further direct the 2 respondent to
nd
keep the direction in abeyance in Ext. P4 order, till
orders are passed;
iii) Issue such other writ, orders or directions
as this Hon'ble Court may deem fit to grant.
(iv) It is also prayed that this Hon'ble Court
may be pleased to dispense with the production of
translation of vernacular documents produced in the
writ petition.
2. When this writ petition came up for consideration,
WP(C) NO. 18841 OF 2023
the learned counsel for the petitioner submitted that the
petitioner will be satisfied if a direction issued to the first
respondent to consider Ext.P6, within a time frame, after
giving an opportunity of hearing to the petitioner and the third
respondent.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. After hearing both sides, I am of the considered
opinion that this writ petition itself can be disposed of directing
the first respondent to consider Ext.P6 within a time frame.
Therefore, this writ petition is disposed of with the following
directions:
(I) The first respondent is directed to consider and pass
orders in Ext.P6, after affording an opportunity of hearing to
the petitioner and the third respondent, as expeditiously as
possible, at any rate, within a period of four months from the
date of receipt of a copy of this judgment.
(ii) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition before the
first respondent for compliance.
WP(C) NO. 18841 OF 2023
With the above said directions, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN, JUDGE
R.AV
WP(C) NO. 18841 OF 2023
APPENDIX OF WP(C) 18841/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 18274/2020 DATED
15.02.2021.
Exhibit2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 17706/2021 DATED
27.02.2023.
Exhibit-P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 16.03.2023.
Exhibit-P4 TRUE COPY OF THE ORDER NO. A6/5568/RDD
/HSE/EKM2020 DATED 17.05.2023 ISSUED BY
THE 2ND RESPONDENT.
Exhibit-P5 TRUE COPY OF THE COMMUNICATION FROM
DIVISIONAL EMPLOYMENT OFFICER, ERNAKULAM
DATED 21.11.2022 AND THE PERSON SPONSORED.
Exhibit-P6 TRUE COPY OF THE REVISION PETITION TO THE
1ST RESPONDENT DATED 02.06.2023 EXCLUDING
THE ENCLOSURES
