Manager vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1310338
CourtKerala High Court
Decided OnMar-01-2024
Case NumberWP(C)/38071/2015
JudgeHonourable Mr. Justice P.V.Kunhikrishnan
AppellantManager
RespondentState of Kerala
Excerpt:
wp(c) no. 38071 of 2015 1in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan friday, the 1st day of march 2024 / 11th phalguna, 1945 wp(c) no. 38071 of 2015 petitioner/s: manager puttekkad a.m.l.p. school, p.o.feroke, kozhikode. by adv sri.jiji thomas respondent/s: 1 state of kerala represented by its secretary, dept. of education, secretariat, thiruvananthapuram 695 001. 2 the director of public instruction thiruvananthapuram 695 001. 3 the deputy director of education kozhikode 673 001. 4 assistant educational officer feroke, kozhikode 673 001 5 p.sasidharan head master, (retired), now residing at sithara, near manappuram temple, post chokli, via thalassery, kannur dist 670 101by advs. sri.v.a.muhammed sri.m.sajjad wp(c) no. 38071 of 2015 2 other present: sri bijoy chandran, sr gp this writ petition (civil) having come up for admission on 01.03.2024, the court on the same day delivered the following: wp(c) no. 38071 of 2015 3 p.v.kunhikrishnan, j --------------------------------------- w.p.(c.) no. 38071 of 2015 -------------------------------------- dated this the 1st day of march, 2024judgmentthe above writ petition is filed with following prayers:(i) “to issue a writ of certiorari or any other appropriate writ or order to quash ext. p4 and p6.(ii) to issue a writ of mandamus or any other appropriate writ, direction order or instructions directing the 2 nd respondent to consider p5 revision and to take a decision thereon without any further delay(iii) to issue a writ of mandamus or any other appropriatewrit, direction, order directing the 4th respondent to conduct a detailed enquiry under rule 75 of chapter xiv a of ker, against the 5th respondent, without any further delay(iv) grant such other reliefs as this hon'ble court may deems fit, and proper in the facts and circumstances of the case.” [sic]2. this writ petition is filed challenging ext.p6 order ofthe dde by which the petitioner is disqualified from holding the wp(c) no. 38071 of 2015 4 post of manager of the school and the charge was handed over to the 4th respondent. this writ petition is pending before this court from 2015 onwards. no interim order is passed in this case. there is no representation also for the petitioner. probably, the prayers in this writ petition might have been infructuous. therefore, this writ petition is dismissed as infructuous. sd/- p.v.kunhikrishnan judge sks
Judgment:

WP(C) NO. 38071 OF 2015 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO. 38071 OF 2015 PETITIONER/S: MANAGER PUTTEKKAD A.M.L.P. SCHOOL, P.O.FEROKE, KOZHIKODE. BY ADV SRI.JIJI THOMAS RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPT. OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE 673 001. 4 ASSISTANT EDUCATIONAL OFFICER FEROKE, KOZHIKODE 673 001 5 P.SASIDHARAN HEAD MASTER, (RETIRED), NOW RESIDING AT SITHARA, NEAR MANAPPURAM TEMPLE, POST CHOKLI, VIA THALASSERY, KANNUR DIST 670 101

BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD WP(C) NO. 38071 OF 2015 2 OTHER PRESENT: SRI BIJOY CHANDRAN, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 38071 OF 2015 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 38071 of 2015 -------------------------------------- Dated this the 1st day of March, 2024

JUDGMENT

The above writ petition is filed with following prayers:

(i) “To issue a writ of certiorari or any other appropriate writ or order to quash Ext. P4 and P6.

(ii) To issue a Writ of Mandamus or any other appropriate writ, direction order or instructions directing the 2 nd respondent to consider P5 Revision and to take a decision thereon without any further delay

(iii) To issue a writ of Mandamus or any other appropriate

writ, direction, order directing the 4th respondent to conduct a detailed enquiry under Rule 75 of Chapter XIV A of KER, against the 5th respondent, without any further delay

(iv) Grant such other reliefs as this Hon'ble Court may deems fit, and proper in the facts and circumstances of the case.” [sic]

2. This writ petition is filed challenging Ext.P6 order of

the DDE by which the petitioner is disqualified from holding the WP(C) NO. 38071 OF 2015 4 post of Manager of the school and the charge was handed over to the 4th respondent. This writ petition is pending before this Court from 2015 onwards. No interim order is passed in this case. There is no representation also for the petitioner. Probably, the prayers in this writ petition might have been infructuous. Therefore, this writ petition is dismissed as infructuous. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS