Mr.Sasthyan Naravoor vs K.Balan Master
2024 Latest Caselaw 12357 Ker

Kerala High Court

Mr.Sasthyan Naravoor vs K.Balan Master on 20 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
               THE HONOURABLE MR. JUSTICE S.MANU
     MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                       WA NO. 679 OF 2024
AGAINST THE JUDGMENT DATED 11.09.2023 IN WP(C) NO.25268 OF 2021
                    OF HIGH COURT OF KERALA
APPELLANT/7TH RESPONDENT:

          MR.SASTHYAN NARAVOOR,
          AGED 62 YEARS
          S/O KRISHNAN, POURNAMI, POST,
          NARAVOOR-KUTHUPARAMBA-670643,
          KANNUR DISTRICT, KERALA, PIN - 670643
          BY ADVS.
          VARUN C.VIJAY
          DIVYA CHANDRAN


RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 6 AND 8 & 9:

    1     K.BALAN MASTER
          AGED 72 YEARS
          S/O KUNJIKANNA NAMBYAR
          KUTHUPARAMBA EDUCATIONAL SOCIETY
          (FORMERLY KNOWN AS KUTHUPARAMBA HIGH SCHOOL SOCIETY
          VIDE NO.3/1944) & KUTHUPARAMBA HIGHER SECONDARY
          SCHOOL, RESIDING AT POURNAMI POST PINARAYI-670741,
          KANNUR DISTRICT, KERALA, PIN - 670741
    2     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     JOINT SECRETARY
          DEPARTMENT OF GENERAL EDUCATION,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695001., PIN - 695001
    4     ADDITIONAL DIRECTOR
          GENERAL EDUCATION, GOVERNMENT OF KERALA,
          THIRUVANANTHAPURAM-695001, PIN - 695001
    5     THE REGIONAL DEPUTY DIRECTOR OF
          HIGHER SECONDARY EDUCATION
          OFFICE OF THE RDDE, KANNUR-670001,
          PIN - 670001
 WA No.679 of 2024
                                           2


       6            THE DEPUTY DIRECTOR OF EDUCATION
                    KANNUR-670001, KERALA., PIN - 670001
       7            THE DISTRICT EDUCATIN OFFICER
                    THALASSERY, -670101, KANNUR DISTRICT,
                    KERALA, PIN - 670001
       8            ADDL.R8: ANEESH KOYYODAN,
                    S/O NANU, RESIDING AT KARTHIKA (CHONORKKENDI),
                    PACHAPOYKA P.O, ERUVATTY VILLAGE, KUTHUPARAMBA,,
                    PIN - 670001
       9            ADDL.R9:SHYAM PRASAD M.,
                    S/O GOPALAN, RESIDING AT V.G. HOUSE,
                    THOKKILANGADI, KUTHUPARAMBA (ADDL.R8 & R9 ARE
                    IMPLEADED AS PER ORDER DATED 02-08-2022
                    IN IA NO.1/2022), PIN - 670643
                    BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
         THIS        WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
20.05.2024,            THE    COURT   ON   THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 WA No.679 of 2024
                                        3



                                 JUDGMENT

A.Muhamed Mustaque, J.

This is a repeated appeal on the same judgment of

the learned Single Judge. Earlier writ appeal filed by the

appellant as W.A.No.1875 of 2023 was withdrawn, as the

appellant expressed his unwillingness to prosecute the

appeal. Whatever the reason for preferring the appeal, that

will not give rise to a cause of action to file a separate appeal

against the same judgment which was impugned in the writ

appeal.

In such circumstances, this writ appeal is dismissed

in limine.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

S.MANU, JUDGE rkj

PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE JUDGMENT DATED 12.01.2024 IN W.A.NO.1875/2023 PASSED BY THIS HON'BLE COURT Annexure II A TRUE COPY OF THE INTERIM ORDER DATED 14.02.2024 IN I.A.NO.3/2024 IN W.A.NO.1875/2023 PASSED BY THIS HON'BLE COURT Annexure III A TRUE COPY OF THE INTERIM ORDER DATED 03.05.2024 IN W.A.NO.643/2024 PASSED BY THIS HON'BLE COURT