Kerala High Court
Pavaneetha (Minor) vs State Of Kerala on 3 October, 2024
2024:KER:73280
WPC.No.34526/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO.34526 OF 2024
PETITIONER:
1 PAVANEETHA (MINOR),
AGED 16 YEARS,
REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN
SUJATHA, RESIDING AT 'PAITHRUKAM', PULININNA
VILA, PLAMOOTTUKADA, NALLOORVATTOM DESOM,
KULATHUR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 122.
2 SUJATHA,
AGED 56 YEARS,
D/O.PONNAMMA, RESIDING AT 'PAITHRUKAM',
PULININNA VILA, PLAMOOTTUKADA, NALLOORVATTOM
DESOM, KULATHUR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 122.
BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2024:KER:73280
WPC.No.34526/2024 2
2 THE DIRECTOR GENERAL OF EDUCATION,
DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695 014.
3 THE PRINCIPAL,
VOCATIONAL HIGHER SECONDARY SCHOOL, KULATHOOR,
PARASSALA EDUCATIONAL DISTRICT, UCHAKADA P.O.,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM,
PIN - 695 122.
4 JOSEKUTTY D.R.,
AGED 54 YEARS,
SENIOR TEACHER (ECONOMICS), VOCATIONAL HIGHER
SECONDARY SCHOOL, KULATHOOR, PARASSALA
EDUCATIONAL DISTRICT, UCHAKADA P.O.,
NEYYATTINKARA TALUK, RESIDING AT 'XION',
KAKKARAVILA, NALLOORVATTOM DESOM, KULATHUR
VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695 122.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:73280
WPC.No.34526/2024 3
JUDGMENT
The petitioners have approached this Court seeking
the following reliefs:
"i) Issue a Writ of mandamus or any other
appropriate order or direction directing the 2 nd
respondent to consider Ext.P6 and dispose same
within a time frame.
ii) Dispense with filing of the English translation of
vernacular documents.
iii) Such other appropriate writ order or direction
as this Honourable Court may deem fit and proper
to meet the ends of Justice."
2. On going through the averments contained in the
writ petition, it is evident that, the prayer sought are for
directing the 2nd respondent to initiate disciplinary proceedings
against the 4th respondent, who is a teacher in a Government
School. Admittedly, there are litigations between the
petitioners and the 4th respondent, both civil and criminal. As
far as the prayer to initiate disciplinary proceedings is
concerned, I am of the view that the same cannot be sought at
the instance of the petitioners herein as it is a matter which is
touching upon the service conditions of the 4 th respondent.
2024:KER:73280
Same cannot be considered as a reason that gives any right to
the petitioners to seek the prayers as sought in this writ
petition, as the petitioner is a third party.
In such circumstances, I do not find any locus standi to
the petitioners to file this writ petition seeking the aforesaid
prayers. Therefore, this writ petition is closed without
prejudice to the contentions of the petitioners and the right to
pursue the litigations pending between the said parties.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/3.10.24
2024:KER:73280
APPENDIX OF WP(C) 34526/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE JUDGMENT IN O.S. NO.
144/2004 DATED 29.8.2005 ON THE FILE OF
ADDITIONAL MUNSIFF'S COURT-II,
NEYYATTINKARA
Exhibit P2 COPY OF THE FIR AND FIS IN CRIME NO.
30/2024 OF POZHIYOOR POLICE STATION
DATED 9.1.2024
Exhibit P3 COPY OF THE INTERIM ORDER IN I.A. NO.
1/2024 IN O.S. NO. 55/2024 DATED
19.1.2024 ON THE FILE OF ADDITIONAL
MUNSIFF COURT II, NEYYATTINKARA
Exhibit P4 COPY OF THE PETITION DATED 29.1.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P5 COPY OF THE FINAL REPORT DATED
31.7.2024 IN CRIME NO. 30/2024 ON THE
FILE OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, NEYYATTINKARA
Exhibit P6 COPY OF THE PETITION DATED 23.8.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE 2ND RESPONDENT
