P. Appukuttan Pillai vs State Of Kerala
2023 Latest Caselaw 6736 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 16374 OF 2023
PETITIONER:

          P. APPUKUTTAN PILLAI
          RETIRED HEADMASTER, GOVERNMENT HIGH SCHOOL, PALLIMON,
          RESIDING AT ANUPAM, PERUMPUZHA P.O, KOLLAM DISTRICT,
          PIN - 691504
          BY ADV JOSE J.MATHAIKAL


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF GENERAL EDUCATION(D), GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF PUBLIC INSTRUCTIONS
          DIRECTORATE OF PUBLIC INSTRUCTIONS,
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          KOLLAM, PIN - 691009


          SMT.NISHA BOSE, SENIOR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16374 OF 2023


                                 2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 16374 of 2023
     ----------------------------------------------
      Dated this the 20th day of June, 2023


                           JUDGMENT

The above writ petition is filed with the

following prayers:

"(1) To issue a writ of mandamus or such other appropriate writ order or direction commending the respondents to consider the claim raised by the petitioner as per Exhibits P3 to P6 and pass orders thereon within a time limit stipulated by this honourable court.

(2) To direct the respondents 1 and 2 to sanction and disburse the amount of Rs. 260402/- claimed by the petitioner towards balance payment as certified in Exhibit P2 and recommended in Exhibit P3.

(3) To call for the records to Exhibit P7 and to quash the same.

(4) To dispense with the production of WP(C) NO. 16374 OF 2023

translation of vernacular documents.

(5) To grant such other reliefs that may be deemed just and proper by this Honourable court and to allow this writ petition with costs."[SIC]

2. Petitioner is a retired Government school

Headmaster. While in service, based on Exhibit P1

circular, the petitioner completed the construction of

a research centre in the school, is the submission.

However, at the time of completion of construction,

the construction charges exceeded the amount

sanctioned by the Government and the said amount

was verified and certified by the Assistant Engineer,

Local Self Government and the same is further

verified and found correct by the third respondent

Deputy Director, is the submission. The Deputy

Director has forwarded the proposal for payment of

the said amount to the petitioner to the second WP(C) NO. 16374 OF 2023

respondent and the said proposal is pending before

the said respondent, is the further submission. The

grievance of the petitioner is that, in the year 2020,

the second respondent forwarded a one line letter

which is produced as Ext.P7 stating that the

application can not be considered. Hence this writ

petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

4. After hearing both sides, I am of the

considered opinion that, this issue is to be resolved

by the 1st respondent. Even in Ext.P7 it is clearly

stated by the Director of General Education that,

such a communication was issued based on the

communication from the Government. If that be

the case, the petitioner can be allowed to submit a

representation before the 1st respondent and the 1st WP(C) NO. 16374 OF 2023

respondent can be directed to consider the same,

after giving an opportunity of heairng to the

petitioner, within a time frame.

Therefore, this writ petition is disposed of in

the following manner:

i. The petitioner will submit a

representation narrating the grievance raised in

this writ petition before the 1st respondent

within a period of three weeks from the date of

receipt of a certified copy of this judgment.

ii. Once such a representation along with

a copy of this writ petition is received, the 1 st

respondent will consider the same and pass

appropriate orders in it, after giving an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within a

period of four months from the date of receipt WP(C) NO. 16374 OF 2023

of the representation.

iii. Petitioner will produce a certified copy

of this judgment before the 1st respondent for

compliance.

Sd/-

                                  P.V.KUNHIKRISHNAN
DM                                      JUDGE
 WP(C) NO. 16374 OF 2023






              APPENDIX OF WP(C) 16374/2023

PETITIONER EXHIBITS
EXHIBIT P1         TRUE   COPY   OF  CIRCULAR    DATED
                   6/4/2009    ISSUE    DBY     SECOND
                   RESPONDENT
EXHIBIT P2         TRUE COPY OF VALUATION CERTIFICATE
                   DATED   21/7/2010    BY    ASSISTNAT
                   ENGINEER,     LSGD     SECTION     ,
                   GRAMAPANCHAYTH NEDUMPANA
EXHIBIT P3         TRUE   COPY    OF  LETTER   DATED

24/2/2014 BY THIRD RESPONDENT TO SECOND RESPONDENT EXHIBIT P4 TRUE COPY OF LETTER DATED 24/11/2014 ISSSUED BY THIRD RESPONDENT TO SECOND RESPONDENT EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 7/10/2014 BY PETITIONER BEFORE THIRD RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER DATED 17/05/2018 BY SECOND RESPONDENT TO FIRST RESPONDENT EXHIBIT P7 TRUE COPY OF LETTER DATED 22/1/2020 FROM SECOND RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE