Citation : 2025 Latest Caselaw 8285 Ker
Judgement Date : 25 April, 2025
WP(C) NO. 16851 OF 2025 1 2025:KER:33077
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
WP(C) NO. 16851 OF 2025
PETITIONER:
SIJI STANLEY
AGED 44 YEARS
UPPER PRIMARY SCHOOL TEACHER
KOORIKUZHI AMUP SCHOOL, KAIPAMANGALAM THRISSUR W/O
DYSON A N DEVASSY, RESIDING AT ARACKAL NELLISSERY,
VALAPPAD, THIRSSUR, PIN - 680567
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
O/O DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
O/O DEPUTY DIRECTOR OF EDUCATION THRISSUR,
THRISSUR, PIN - 680003
4 ASSISTANT EDUCATIONAL OFFICER
O/O THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD
THRISSUR, PIN - 680567
WP(C) NO. 16851 OF 2025 2 2025:KER:33077
5 V C PRAVEEN
CORPORATE MANAGER, AM UPS KOORIKUZHI, JANAKEEYA
VIDHYALAYAM MACHAD, AUP SCHOOL PALLIKKAL PALLAM,
THRISSUR, PIN - 679532
SRI SHAMSUDHEEN V.K.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16851 OF 2025 3 2025:KER:33077
JUDGMENT
The petitioner has submitted Ext.P5 Revision Petition
before the 1st respondent. By Ext.P4 judgment, W.P(C)No.14120
of 2025 filed by the Manager of the School was disposed of by
this Court directing the Government to consider the
representation submitted by the Manager, seeking permission for
closure and sale of the School.
2. The learned counsel for the petitioner submitted that
by Ext.P2 judgment, the learned Sub Judge, Chavakkad, partly
decreed O.S.No.106 of 2024 filed by the petitioner herein by
allowing the suit in part. In Ext.P2 the learned Sub Judge has
declared that the petitioner is entitled to realize an amount of
Rs.25,75,000/- with 9% interest from the Manager who had filed
W.P(C)No.14120 of 2025 and his wife.
3. The learned counsel for the petitioner also submitted
that there are other similar judgments passed against the
Manager. He further submitted that the Manager has not WP(C) NO. 16851 OF 2025 4 2025:KER:33077
disclosed such material facts while approaching this Court in
W.P(C)No.14120 of 2025. The learned counsel submits that the
apprehension of the petitioner is that if the Government permits
the Manager to close down the School and to sell the same, the
interest of the petitioner will be prejudicially affected. Therefore,
he prays for a direction to the Government to consider Ext.P5
Revision Petition also while conducting hearing in compliance
with the directions issued by this Court in Ext.P4 judgment.
4. I have heard the learned Government Pleader also.
In the nature of the limited reliefs sought in this writ
petition, notice to the party respondent is dispensed with. The
Government shall consider Ext.P5 Revision Petition also while
considering the representation of the Manager as directed in
Ext.P4 judgment. Notice shall be issued to the petitioner herein
as well as the Manager before hearing is conducted. WP(C) NO. 16851 OF 2025 5 2025:KER:33077
This writ petition is disposed of with the above
directions.
Sd/-
S.MANU JUDGE MC WP(C) NO. 16851 OF 2025 6 2025:KER:33077
APPENDIX OF WP(C) 16851/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.06.2015
Exhibit P2 TRUE COPY OF THE JUDGMENT IN OS NO.106/2024 DATED 26.03.2025
Exhibit P3 THE RELEVANT EXTRACT OF THE W.P(C)NO.14120/2025 DATED 03.04.2025
Exhibit P4 THE COPY OF THE JUDGMENT IN W.P(C)NO.14120/2025 DATED 04.04.2025
Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 11.04.2025
Exhibit P6 TRUE COPY OF THE JUDGMENT IN OS NO.107/2024 DATED 26.03.2025
Exhibit P7 TRUE COPY OF THE ORDER IN IA NO.3/2024 IN OS NO.146/2024 DATED 30.11.2024 OF THE SUB COURT CHAVAKKAD
Exhibit P8 TRUE COPY OF FIR NO 0571 DATED 11.06.2024
Exhibit P9 TRUE COPY OF THE ATTACHMENT ORDER ISSUED BY THE SUB COURT IRINJALAKUDA FOR AN AMOUNT OF RS 50,37,920/- DATED 27.08.2024
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