Kerala High Court
Suresh vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 2116 OF 2021
PETITIONER:
SURESH, AGED 54 YEARS
S/O.GOVINDAKURUP, SANDEEPANI HOUSE,
THOTTAYKKAD DESOM, KARAVARAM VILLAGE,
CHIRAYINKEKEEZHU, THIRUVANANTHAPURAM-695 605.
BY ADVS.
P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
ATTINGAL, AVANAVANCHERRY PART,
CHIRAYINKEEZHU,
THIRUVANANTHAPURAM-695 101.
4 THE ASSITANT EDUCATIONAL OFFICER,
KILIMANOOR, ATTINGAL,
THIRUVANANTHAPURAM-695 601.
5 SANJEEV.G.,KRISHNA KRIPA, JAYAN NAGAR 112,
OLAYIL, THEVALLY POST, KOLLAM-691 009.
BY ADVS.
SMT.NISHA BOSE, SR.GP
S.RAMESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
WP(C) No.2116 of 2021
MOHAMMED NIAS C.P., J.
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WP(C) No.2116 of 2021
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Dated this the 15th day of February, 2024
JUDGMENT
The petitioner challenges Ext.P9 order of the Government dated 24.9.2020
with regard to the approval of the appointment of the manager of the school. The
main contention raised by the petitioner is that Ext.P9 was issued without hearing
the affected parties. The Government concedes this in the Counter affidavit filed
on behalf of the first respondent at paragraph 15.
Under such circumstances, Ext.9 cannot be sustained; accordingly, it is
quashed. There will be a direction to the first respondent to re-consider the
revision preferred by the petitioner and pass appropriate orders, after affording
an opportunity of hearing the petitioner and all affected parties. Orders in this
regard shall be passed within three months from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/15.2.2024
APPENDIX OF WP(C) 2116/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 29.09.1954
REGISTERED AS DOC. NO.3393/1994 IN NAVAIKKULAM SRO.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 31.05.1957
REGISTERED AS DOC.NO.54/1957 IN NAVAIKKULAM SRO.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 21.11.2018
REGISTERED AS DOC NO.207/18 IN SRO ERAVIPURAM.
EXHIBIT P4 TRUE COPY OF THE SALE DEED DATED 13.02.2019
REGISTERED AS DOC NO.268/2019 IN SRO, ERAVIPURAM.
EXHIBIT P5 TRUE COPY OF THE COMPLIANT DATED 15.03.2019 FILED
BY RESPONDENT NO.5 BEFORE RESPONDENT NO.2.
EXHIBIT P6 TRUE COPY OF THE HEARING NOTE DATED 19.11.2019
SUBMITTED BY THE MEMBERS OF THE SAMAJAM.,
EXHIBIT P7 TRUE COPY OF ORDER NO.F1/11658/DGE DATED 05.12.2019
PASSED BY RESPONDENT NO.2.
EXHIBIT P8 TRUE COPY OF ORDER NO.,GEDN-F3/15/2020-GEDN DATED
06.02.2020 ISSUED BY RESPONDENT NO.1.
EXHIBIT P9 TRUE COPY OF GO(ORD) NO.2661/2020/G.EDN DATED
24.09.2020 ISSUED BY RESPONDNET NO.1.
EXHIBIT P10 TRUE COPY OF GO(ORD) NO.2724/2020/G.EDN DATED
05.10.2020.
EXHIBIT P11 TRUE COPY OF THE SALE DEED DATED 29.09.2020
REGISTERED AS DOC NO.1137/2020 IN SRO, NAVAIKKULAM.
EXHIBIT P12 TRUE COPY OF LETTER NO.C/530/2019 DATED 20.11.2020
ISSUED BY RESPONDENT NO.4 TO THE PETITIONER.
