Citation : 2023 Latest Caselaw 6989 Ker
Judgement Date : 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
IA.NO.1/2023 IN WP(C) NO. 21996 OF 2022 (Y)
APPLICANTS/RESPONDENTS 1 TO 5 IN WP(C):
1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2. DIRECTOR OF GENERAL EDUCATION, O/O THE DIRECTOR OF GENERAL
EDUCATION, JAGATHI, THIRUVANANTHAPURAM- 695 001.
3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM,O/O THE DEPUTY DIRECTOR OF
EDUCATION, MALAPPURAM MALAPPURAM - 676 519.
4. DISTRICT EDUCATIONAL OFFICER, TIRUR, O/O THE DISTRICT EDUCATIONAL
OFFICER TIRUR, TIRUR - 676 101.
5. SUB TREASURY OFFICER, TIRUR, O/O THE SUB TREASURY OFFICER TIRUR,
MALAPPURAM - 676 101.
RESPONDENTS/PETITIONERS IN WP(C):
1. SUMAYYATH I.P, UPPER PRIMARY SCHOOL TEACHER, MMM HIGHER SECONDARY
SCHOOL KUTTAYI, MALAPPURAM DISTRICT, MALAPPURAM - 676562.
2. SHAFEEQUE.M.V, HIGH SCHOOL TEACHER (ARABIC), MMM HIGHER SECONDARY
SCHOOL KUTTAYI, MALAPPURAM DISTRICT, MALAPPURAM - 676562.
3. MANAGER, MMM HIGHER SECONDARY SCHOOL KUTTAYI, MALAPPURAM DISTRICT
MALAPPURAM - 676562.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit stipulated in the judgment in WP(C)No.21996/2022 dated 14.02.2023 by
a further period of 4 months from 25.04.2023.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 14.02.2023 in WP(C)21996/2022 and upon hearing the arguments of
GOVERNMENT PLEADER for the Applicants in I.A./R1 to R5 in WP(C),
M/S.M.A.FAYAZ, M.VISHNUPRIYA & C.B.ABHINAVA, Advocates for Respondents in
I.A./Petitioners in WP(C), the court passed the following:
P.V.KUNHIKRISHNAN J.
=====================
W.P.(C) No. 21996 of 2022
========================
Dated this the 22nd day of June, 2023
ORDER
C.M.A.No. 1/2023:-
Not opposed. Allowed.
I.A.No. 1/2023:-
This petition is filed to extend the time to comply with the
directions in W.P. (C) No.21996/2022. It is submitted that the
Government is proposing to file a Special Leave Petition (SLP)
against the judgment in W.A. No. 302/2023 and hence the time
may be extended. It is also submitted that SLP is filed against the
judgment in this case also.
Filing SLP is not a reason to extend the time limit fixed by this
court. The petitioners have to approach the Apex Court and WP. (C) No. 21996 of 2022
obtain necessary orders staying the directions in the judgment.
Therefore, the ground for extension cannot be allowed. But,
considering the facts and circumstances of the case, a breathing
time can be granted. Therefore, one month time from today is
granted to comply with the directions in the judgment dated
14.02.2023 in W.P.(C) No. 21996/2022.
Sd/-
P.V.KUNHIKRISHNAN JUDGE RMV
22-06-2023 /True Copy/ Assistant Registrar
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