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The Ehadmaster. Vs. Gracy George.

The Ehadmaster. vs Gracy George.

Type Court Judgment Court Kerala Decided Dec 14, 2010
~2 min read
https://sooperkanoon.com/case/917085

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WA.No. 1901 of 2010
Subject
Education

Case Summary

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

[MR. JUSTICE L.NARAYANA SWAMY, J.] This writ PETITION is filed under articles '226 and 227 of constitution of India with a prayer to direct the R3 & 4 to consider the request of petitioner for issue of registration CERTIFICATE (FORM no. 10) and effect the khata in his name by entering his name BY entering his name i...

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

The Ehadmaster.

Respondent

Gracy George.

Advocate SRI.S.MUHAMMED HANEEFF, Adv.

Legal References

Reported In
ILR2010(4)Ker467

Excerpt

[mr. justice l.narayana swamy, j.] this writ petition is filed under articles '226 and 227 of constitution of india with a prayer to direct the r3 & 4 to consider the request of petitioner for issue of registration certificate (form no. 10) and effect the khata in his name by entering his name by entering his name in k.r. and rfc as the owner/occupant in respect of land bearing sy.no.78 measuring 15 acres situated at sonnenahalli village. hesaraghatta hobli. bangalore north taluk bangalore and etc.1. when this appeal is taken up for consideration, it is brought to our notice that the deputy director of education had already rejected the review petition (ext.p8) filed by respondent no.1. we are further informed that respondent no.1 has moved a revision petition before the government as provided under rule 92 of chapter xiv a of the kerala education rules. learned counsel submits that respondent no.1 pursued the statutory remedy available to her. 2. learned senior government pleader submits that a final decision on the revision petition will be taken by the government without any further delay, if it has been already received. 3. having regard to the peculiar facts and circumstances of the case, we are of the view that the government has to be directed to take a decision in the matter with expedition. therefore, it is directed that the appropriate authority under the appellant shall take a decision on the revision petition preferred by respondent no.1 as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment, if a decision is not already taken. it shall be ensured that respondent no.1 is afforded sufficient opportunity to be heard before a final decision is taken in the matter. the interim order of stay passed by this court on november 7, 2010 shall remain in force till the disposal of the revision petition. it is made clear that we have not considered the merit of any of the contentions raised by the parties in this appeal.

Full Judgment

1. When this appeal is taken up for consideration, it is brought to our notice that the Deputy Director of Education had already rejected the review petition (Ext.P8) filed by respondent No.1. We are further informed that respondent No.1 has moved a revision petition before the Government as provided under Rule 92 of Chapter XIV A of the Kerala Education Rules. Learned counsel submits that respondent No.1 pursued the statutory remedy available to her.

2. Learned Senior Government Pleader submits that a final decision on the revision petition will be taken by the Government without any further delay, if it has been already received.

3. Having regard to the peculiar facts and circumstances of the case, we are of the view that the government has to be directed to take a decision in the matter with expedition. Therefore, it is directed that the appropriate authority under the appellant shall take a decision on the revision petition preferred by respondent No.1 as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment, if a decision is not already taken. It shall be ensured that respondent No.1 is afforded sufficient opportunity to be heard before a final decision is taken in the matter. The interim order of stay passed by this court on November 7, 2010 shall remain in force till the disposal of the revision petition. It is made clear that we have not considered the merit of any of the contentions raised by the parties in this appeal.

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