Manjoosha Mathew vs State Of Kerala
2023 Latest Caselaw 7358 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                        WP(C) NO. 20881 OF 2023
PETITIONER:

            MANJOOSHA MATHEW
            AGED 47 YEARS
            W/O SHAJIMON, MANNOOR,
            KALATHUKADAVU P.O.,
            KOTTAYAM DISTRICT, PIN - 686579
            BY ADVS.
            MANOJ RAMASWAMY
            JOLIMA GEORGE
            R.REMA
            APARNA G.
            C.B.SABEELA
            CHINNU ROSE MARY THOMAS
            MUHAMMED HAROON THAMEEM


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            GENERAL EDUCATION (H) DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM,
            PIN - 695001
    2       THE DIRECTOR OF GENERAL EDUCATION
            (HIGHER SECONDARY EDUCATION WING),
            HOUSING BOARD BUILDINGS,
            SANTHI NAGAR, THIRUVANANTHAPURAM,
            PIN - 695001
    3       THE DISTRICT EDUCATIONAL OFFICER
            O/O DISTRICT EDUCATIONAL OFFICE,
            KANJIRAPPALLY, KOTTAYAM DISTRICT,
            PIN - 686507
    4       THE MANAGER
            GRACEY MEMORIAL HIGH SCHOOL,
 WP(C) NO.20881   OF 2023


                           2

          PARATHODU, KANJIRAPPALLY,
          KOTTAYAM DISTRICT,
          PIN - 686512


          SMT.NISHA BOSE, SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.20881      OF 2023


                                       3


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No.20881 of 2023
      ----------------------------------------------
       Dated this the 27th day of June, 2023


                              JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) A writ of certiorari or any other appropriate writ or order to call for the records leading to the issuance of Ext.P3 and quash the same.

(ii) A writ of mandamus or other appropriate writ, order or direction directing the 3 rd respondent to consider and pass orders on Ext.P4 expeditiously and within a time frame after affording an opportunity of being heard to the petitioner.

(iii) Dispense with the filing of translation of the vernacular documents.

(iv) Any other further relief or order as this Hon'ble Court may deem fit and proper to meets the ends of justice.

(v) Award the cost of these proceedings."[SIC] WP(C) NO.20881 OF 2023

2. When this writ petition came up for

consideration, the learned counsel appearing for the

petitioner submitted that, the petitioner will be

satisfied, if a direction is issued to the 3 rd respondent

to consider Ext.P4, within a time frame.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 3 rd

respondent to consider Ext.P4 within a time frame.

Therefore, this writ petition is disposed of in the

following directions:

i. The 3rd respondent is directed to

consider and pass appropriate orders in Ext.P4,

after giving an opportunity of hearing to the

petitioner and the 4th respondent, as expeditiously

as possible, at any rate, within a period of two WP(C) NO.20881 OF 2023

months from the date of receipt of a certified copy

of this judgment.

ii. The petitioner will produce a certified

copy of this judgment along with a copy of the

writ petition before the 3rd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN SK JUDGE WP(C) NO.20881 OF 2023

APPENDIX OF WP(C) 20881/2023

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ENQUIRY REPORT DATED 31.01.2023 SUBMITTED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26.05.2023 IN I.A. NO. 1 OF 2023 IN W.P.(C) NO.15245 OF 2023 PASSED BY THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE ORDER VIDE NO.

1494/2023 DATED 18.05.2023 PASSED BY THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 30.05.2023 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

RESPONDENTS EXHIBITS : NIL