Asha P Achankunju vs The State Of Kerala
2023 Latest Caselaw 6522 Ker

Citation : 2023 Latest Caselaw 6522 Ker
Judgement Date : 13 June, 2023

Kerala High Court

Asha P Achankunju vs The State Of Kerala on 13 June, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 19033 OF 2023
PETITIONER:

          ASHA P ACHANKUNJU
          AGED 33 YEARS
          D/O. P.G. ACHANKUNJU, UPPER PRIMARY SCHOOL TEACHER, ST
          MARY'S U P SCHOOL, KOZHIMALA, P.O. KOZHIMALA,
          PATHANAMTHITTA DISTRICT, PIN - 689541

          BY ADVS.
          V.A.MUHAMMED
          PRESAD V.G.



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DEPUTY DIRECTOR OF EDUCATION
          PATHANAMTHITTA @ THIRUVALLA, PIN - 689101

    3     THE ASSISTANT EDUCATIONAL OFFICER
          PULLAD, PATHANAMTHITTA DISTRICT, PIN - 689548

    4     THE MANAGER
          ST MARY'S U P SCHOOL, KOZHIMALA, P.O. KOZHIMALA,
          PATHANAMTHITTA DISTRICT, PIN - 689541

    5     THE HEADMISTRESS
          ST MARY'S U P SCHOOL, KOZHIMALA, P.O. KOZHIMALA,
          PATHANAMTHITTA DISTRICT, PIN - 689541


OTHER PRESENT:

          SMT.NISHA BOSE. SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19033 of 2023

                                    2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.19033 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"(i) call for the records relating to Exhibit P-4 and set aside the original of the same by the issue of a writ of certiorari or appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to refrain from taking coercive steps pursuant to Exhibit P-4.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-5 after affording an opportunity of being heard to the Petitioner within a time limit and in the meantime, Exhibit P-4 may be kept in abeyance.

(iv) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(v) pass 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. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 1 st

respondent to consider Ext.P5 within a time frame. W.P (C) No.19033 of 2023

3. Heard the learned Government Pleader also.

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

itself can be disposed of directing the 1 st respondent to

consider Ext.P5, within a time frame.

Therefore, this writ petition is disposed of with the

following directions:-

i) The 1st respondent is directed to consider and pass appropriate orders in Ext.P5, after giving an opportunity of hearing to the petitioner and other affected parties, if any, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.