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S. Venu vs The Deputy Director Of ...
2023 Latest Caselaw 4234 Ker

Citation : 2023 Latest Caselaw 4234 Ker
Judgement Date : 31 March, 2023

Kerala High Court
S. Venu vs The Deputy Director Of ... on 31 March, 2023
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         W.P.(C) NO.11654 OF 2023
PETITIONER:

              S. VENU,
              AGED 54 YEARS,
              HIGH SCHOOL TEACHER (HST- SANSKRIT),
              S.D.V. BOYS HIGH SCHOOL ALAPPUZHA-688 001.

              BY ADVS.
              M.U.VIJAYALAKSHMI
              K.JAJU BABU (SR.)
              BRIJESH MOHAN


RESPONDENTS:

     1        THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA
              OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
              KODIVEEDU, ALAPPUZHA-688 001.

     2        THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              COLLECTORATE, ALAPPUZHA-688 001.

     3        THE MANAGER,
              SANATANA DHARMA VIDHYASALA SCHOOLS (S.D.V. SCHOOLS),
              REGISTERED OFFICE, BASANT HALL, ALAPPUZHA-688 001.

              SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        -2-
W.P.(C) NO.11654 OF 2023



                      P.V. KUNHIKRISHNAN, J.
             -----------------------------------------------
                     W.P.(C) No.11654 of 2023
             -----------------------------------------------
              Dated this the 31st day of March, 2023

                                    JUDGMENT

The above writ petition is filed with following prayers:

i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P3 representation in the light of Ext.P2 Government order and the judgment of the Addl. Sessions Court-I Alappuzua in Sessions Case No.467/2020 without any further delay.

ii) issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;

iii) award costs to the petitioner.

and

iv) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents;

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the petitioner will

W.P.(C) NO.11654 OF 2023

be satisfied if a direction is issued to the 1st respondent to

consider Ext.P3 representation in the light of Ext.P2

Government Order and the judgment of the Additional Sessions

Court-I, Alappuzua in Sessions Case No.467 of 2020.

3. Heard the learned Government Pleader also.

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

itself can be disposed of directing the 1st respondent to consider

Ext.P3 within a time frame.

Therefore, this writ petition is disposed of in the following

directions:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P3, with notice to the petitioner and the 3rd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt a certified copy of this judgment.

2. While considering Ext.P3, the 1st respondent will also consider Ext.P2 Government Order and the judgment of the Additional Sessions Court-I, Alappuzua in Sessions Case No.467 of 2020 which will be made available by the petitioner to the 1st respondent.

W.P.(C) NO.11654 OF 2023

3. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr

W.P.(C) NO.11654 OF 2023

APPENDIX OF WP(C) 11654/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 12.8.2020 IN W.P.(C) NO.10386/2020, W.A.NO. 760/2020 AND W.P (C) NO. 10875/2020 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER GO(RT).NO.4528/2022/G.EDN DATED 04.08.2022.

Exhibit P3 TRUE COPY OF REPRESENTATION DATED 13.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT ENCLOSURES.

 
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