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The Manager vs the State of Kerala

The Manager vs The State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2022
~3 min read
https://sooperkanoon.com/case/1459478

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/7934/2022

Parties & Advocates

Appellant / Petitioner

The Manager

Respondent

The State of Kerala

Excerpt

.....thereunder, is stated to have preferred ext.p3 revision petition before the 1st respondent. though various other reliefs are sought, the limited request of the petitioner is for a direction to the 1st respondent to consider and pass orders on ext.p3.2. heard sri.t.t.muhamood, the learned counsel appearing for the petitioner and sri.sunil kumar kuriakose, the learned senior government pleader.3. after having carefully evaluated the contentions raised in this writpetition, the submissions made across the bar and the facts and circumstances, i am of the view that this writ petition can be disposed of by issuing the following directions: a) there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on ext.p3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 5th wp(c) no.7934 of 2022 3 respondent. b) orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment. c) it would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. this writ petition is disposed of. sd/- raja vijayaraghavan v judge iap wp(c) no.7934 of 2022 4 appendix of wp(c) 7934/2022 petitioner's exhibits: exhibit p1 true copy of order no.02/2022 dated 14.02.2022 issued by the petitioner. exhibit p2 true copy of order no.c/409/2022 dated 28.02.2022 issued by the 4th respondent. exhibit p3 true copy of revision petition submitted by the petitioner before the 1st respondent on 04.03.2022. respondents' exhibits: nil

Full Judgment

WP(C) NO.7934 OF 2022 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 WP(C) NO. 7934 OF 2022 PETITIONER: THE MANAGER ARIKKULAM LP SCHOOL, ARIKKULAM P. O., VIA KOYILANDY, KOZHIKODE - 673620. BY ADVS. T.T.MUHAMOOD A.RENJIT V.E.ABDUL GAFOOR A.MOHAMMED SAVAD NAZEER HUZAIN.H RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DDE, KOZHIKODE - 673004. 4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE AEO, KOYILANDY, KOZHIKODE - 673305. 5 SHIMJITH D. R. HM IN-CHARGE (UNDER SUSPENSION), ARIKKULAM LP SCHOOL, ARIKKULAM P. O., VIA KOYILANDY, KOZHIKODE - 673620. (RESIDING AT KOOVALA HOUSE, MEPPAYUR P. O., KOZHIKKODE - 673524). SRI SUNIL KUMAR KURIAKOSE, SR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.7934 OF 2022 2

JUDGMENT

Seeking extension of the period of suspension of the 5th respondent herein, the petitioner, who is the Manager of the Arikkulam LP School, an Aided school governed by the provisions of Kerala Education Act & the Rules framed thereunder, is stated to have preferred Ext.P3 revision petition before the 1st respondent. Though various other reliefs are sought, the limited request of the petitioner is for a direction to the 1st respondent to consider and pass orders on Ext.P3.

2. Heard Sri.T.T.Muhamood, the learned counsel appearing for the petitioner and Sri.Sunil Kumar Kuriakose, the learned Senior Government Pleader.

3. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions: a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 5th WP(C) NO.7934 OF 2022 3 respondent. b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment. c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO.7934 OF 2022 4 APPENDIX OF WP(C) 7934/2022 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF ORDER NO.02/2022 DATED 14.02.2022 ISSUED BY THE PETITIONER. Exhibit P2 TRUE COPY OF ORDER NO.C/409/2022 DATED 28.02.2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04.03.2022. RESPONDENTS' EXHIBITS: NIL

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