Leon Pius, vs Hridya Joseph,

Type Court Judgment Court Kerala Decided Dec 30, 2022

~2 min read

https://sooperkanoon.com/case/1588472

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/1588472
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Dec 30, 2022
Case Number: WP(C)/42252/2022

Parties & Advocates

Appellant / Petitioner

Leon Pius,

Respondent

Hridya Joseph,

Excerpt

.....- 695 001. by adv.sri.v.s.sreejith, gp this writ petition (civil) having come up for admission on 30.12.2022, the court on the same day delivered the following: -2-judgmentdated this the 30th day of december, 2022 the petitioner was a participant in the alappuzha revenue district school kalolsavam, in the item violin- western. he states that there was no power supply during the performance and the assessment was erroneous. the appellate authority has not passed a speaking order.2. the government pleader would submit that theappellate authority has, in fact, passed an order, but since the petitioner did not participate in the appellate proceedings, it could not be served in person. the government pleader expressed readiness to produce a copy of the order on the next posting date.3. i have heard the learned counsel for the petitioner and the learned government pleader.4. as regards the allegation that there was no power supply which resulted in unequal assessment of competition, i -3-find that this is a question of fact and it cannot be gone into by this court especially in the light of the judgment of this court in wp(c) no.40794/2022 and connected cases. as regards appellate order, the government pleader submits that a speaking order has been passed by the appeal committee.in view of the above, the writ petition is dismissed. sd/- n.nagaresh judge akv -4- appendix of wp(c) 42252/2022 petitioner exhibits exhibit p1 true copy of the result published by the 3rd respondent for alappuzha district kalolsavam for violin western. exhibit p2 a true copy of the screenshot of the message rejecting his appeal. respondent's/s exhibits : nil. //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 PETITIONER: LEON PIUS, AGED 17 YEARS, S/O. JOSEPH PIUS T.G., THATTASSERY HOUSE, NETTOOR P.O., KOCHI 682 040, A MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN JOSEPH PIUS T.G. BY ADVS.A.K.PREETHA C.ANIL KUMAR RESPONDENTS: 1 HRIDYA JOSEPH, HIGHER SECONDARY SCHOOL, TIRUVAMPADY, ALAPPUZHA -688 009. 2 THE DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), NEAR COLLECTORATE, ALAPPUZHA - 688 001. 3 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL), THIRUVANANTHAPURAM - 695 001. BY ADV.SRI.V.S.SREEJITH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Dated this the 30th day of December, 2022 The petitioner was a participant in the Alappuzha Revenue District School Kalolsavam, in the item Violin- Western. He states that there was no power supply during the performance and the assessment was erroneous. The Appellate Authority has not passed a speaking order.

2. The Government Pleader would submit that the

Appellate Authority has, in fact, passed an order, but since the petitioner did not participate in the appellate proceedings, it could not be served in person. The Government Pleader expressed readiness to produce a copy of the order on the next posting date.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader.

4. As regards the allegation that there was no power supply which resulted in unequal assessment of competition, I -3-

find that this is a question of fact and it cannot be gone into by this Court especially in the light of the judgment of this Court in WP(C) No.40794/2022 and connected cases. As regards appellate order, the Government Pleader submits that a speaking order has been passed by the Appeal Committee.

In view of the above, the writ petition is dismissed. Sd/- N.NAGARESH JUDGE akv -4- APPENDIX OF WP(C) 42252/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RESULT PUBLISHED BY THE 3RD RESPONDENT FOR ALAPPUZHA DISTRICT KALOLSAVAM FOR VIOLIN WESTERN. EXHIBIT P2 A TRUE COPY OF THE SCREENSHOT OF THE MESSAGE REJECTING HIS APPEAL. RESPONDENT'S/S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Leon Pius, vs Hridya Joseph, Same Judge Honourable Mr.Justice N.Nagaresh