K.Ravi Kumar Vs. State of Kerala

K.Ravi Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 18, 2013

~4 min read

https://sooperkanoon.com/case/1098378

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1098378
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Nov 18, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

K.Ravi Kumar

Respondent

State of Kerala

Excerpt

.....exhibits:nil --------------------------------------- //true copy// p.a to judge p.r.ramachandra menon, j.- - - - - - - - - - - - - - - - - - - - - w.p.(c) no. 26394 of2013- - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 18th day of november, 2013 judgment the learned counsel for the petitioner submits that ext.p2 order has been passed by the 4th respondent without any regard to the actual facts and figures and in the said circumstances, the petitioner approached the 3nd respondent by filing a statutory appeal by virtue of ext.p13. in spite of filing of the said appeal as a early as on 05.06.12, the matter is still pending, which hence is under challenge.2. heard the learned government pleader as well.3. during the course of hearing, it is brought to notice of this court that the petitioner had preferred some representations before the concerned minister leading to ext.p15 and p16 proceedings. the learned counsel for the petitioners submits that, the only prayer now pressed before this court is to cause the statutory appeal to be finalised by the 3nd respondent, untrammelled by the observations in exts.p15, p16 and p19.4. after hearing both the sides, the writ petition is disposed of, directing the 3rd respondent to consider and finalise ext.p13 appeal in accordance with law, after hearing w.p.(c) no. 26394 of20132 the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. it is made clear that, the decision shall be taken with reference to the actual facts and figures and the relevant provisions of law, untrammelled by the observations in exts.p15, p16 and p19. the petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for further steps. p.r.ramachandra menon judge mns

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY,THE18H DAY OF NOVEMBER201327TH KARTHIKA, 1935 WP(C).No. 26394 of 2013 (Y) ---------------------------- PETITIONER: -------------------- K.RAVI KUMAR, POLLAYIL HOUSE, CMC12 CHERTHALA.P.O PIN-6788524. BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.VEENA UNNIKRISHNAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN-695001.

2. SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM PIN-695001.

3. DIRECTOR OF TREASURIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695033.

4. DISTRICT TREASURY OFFICER, ALAPPUZHA, PIN-688001.

5. SUB TREASURY OFFICER, CHERTHALA, PIN-688524. BY GOVERNMENT PLEADER SMT.K.T.LILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1811-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26394 of 2013 (Y) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE ORDER

NO.TR42412010 DATED216.2011 OF THE DISTRICT TREASURY/OFFICER,ALAPPUZHA. EXT.P2 TRUE COPY OF THE MEMO NO.TR492010 DATED3011.2010 OF THE4H RESPONDENT EXT.P3 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY OFFICER,ALAPPUZHA DATED612.2010. EXT.P4 TRUE COPY OF THE RECEIPT DATED712.2010 ISSUED BY THE DISTRICT TREASURY OFFICER,ALAPPUZHA. EXT.P5 TRUE COPY OF THE LETTER NO.VIG.1/10862/2010 DATED241.2011 OF THE DIRECTOR OF TREASURIES ADDRESSED TO THE SUB TREASURY OFFICER,CHERTHALA. EXT.P6 TRUE COPY OF THE REPLY DATED112.2011 SUBMITTED BY THE PETITIONER TO THE SUB TREASURY OFFICER,CHERTHALA. EXT.P7 TRUE COPY OF THE JUDGMENT

DATED2906.2011 IN WP(C)17020/2011 OF THIS HON'BLE COURT. EXT.P8 TRUE COPY OF THE ORDER

NO.TR/4241/2010 DATED2608.2011 OF THE4H RESPONDENT EXT.P9 TRUE COPY OF THE NOTICE NO.TR/4241/2010 DATED1801.2012 OF THE4H RESPONDENT. EXT.P10 TRUE COPY OF THE REPLY DATED2301.2012 SUBMITTED BY THE PETITIONER TO EXT.P8 EXT.P11 TRUE COPY OF THE NOTICE NO.TR/4241/2010 DATED2304.2012 OF THE4H RESPONDENT. EXT.P12 TRUE COPY OF THE ORDER

NO.TR/4241/2010 DATED2805.2012 OF THE4H RESPONDENT EXT.P13 TRUE COPY OF THE STATUTORY APPEAL DATED0506.2012 FILED BY THE PETITIONER BEFORE THE3D RESPONDENT EXT.P14 TRUE COPY OF THE REPRESENTATION DATED0902.2012 FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR FINANCE. EXT.P15 TRUE COPY OF THE GOVERNMENT LETTER NO.8991/ESTT.C/4/2011/FIN.DATED1507.2013 EXT.P16 TRUE COPY OF THE GOVERNMENT LETTER NO.3974/E3/2012/LD DATED0309.2013. WP(C).No. 26394 of 2013 (Y) EXT.P17 TRUE COPY OF THE ORDER

DATED0907.2012 IN CC.457/2011 OF THE JFCM COURT, KOYILANDY. EXT.P18 TRUE COPY OF AN APPLICATION UNDER RIGHT TO INFORMATION ACT DATED1709.2013 FILED BY THE PETITIONER BEFORE THE4H RESPONDENT EXT.P19 TRUE COPY OF THE LETTER NO.G2/RT1/109/2013 DATED1910.2013. RESPONDENT(S)' EXHIBITS:NIL --------------------------------------- //TRUE COPY// P.A TO JUDGE P.R.RAMACHANDRA MENON, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 26394 OF2013- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2013 JUDGMENT

The learned counsel for the petitioner submits that Ext.P2 order has been passed by the 4th respondent without any regard to the actual facts and figures and in the said circumstances, the petitioner approached the 3nd respondent by filing a statutory appeal by virtue of Ext.P13. In spite of filing of the said appeal as a early as on 05.06.12, the matter is still pending, which hence is under challenge.

2. Heard the learned Government Pleader as well.

3. During the course of hearing, it is brought to notice of this Court that the petitioner had preferred some representations before the concerned Minister leading to Ext.P15 and P16 proceedings. The learned counsel for the petitioners submits that, the only prayer now pressed before this Court is to cause the statutory appeal to be finalised by the 3nd respondent, untrammelled by the observations in Exts.P15, P16 and P19.

4. After hearing both the sides, the writ petition is disposed of, directing the 3rd respondent to consider and finalise Ext.P13 appeal in accordance with law, after hearing W.P.(c) No. 26394 OF20132 the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. It is made clear that, the decision shall be taken with reference to the actual facts and figures and the relevant provisions of law, untrammelled by the observations in Exts.P15, P16 and P19. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for further steps. P.R.RAMACHANDRA MENON JUDGE mns

Same Court & Year Kerala · 2013 Same Parties K.Ravi Kumar vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice P.R.Ramachandra Menon