Writ appeal against a demand for headmaster appointment in 2003 dismissed as infructuous due to procedural defects and the respondent's failure to cure the defect within the stipulated time.
Writ Appeal dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934
WA.No. 148 of 2004 ( )
AGAINST THE ORDER/JUDGMENT IN OP.5570/2003 DATED 21-10-2003
APPELLANT/PETITIONER:
SHRI.SUJAYAKUMAR.K.S., HEADMASTER, THEVALAPPURAM U.P.SCHOOL, THEVALAPPURAM,KOTTARAKKARA.
BY ADV. SRI.S.RAMESH BABU
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14
3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.
4. THE DISTRICT EDUCATIONAL OFFICER,KOTTARAKKARA.
5. THE ASSISTANT EDUCATIONAL OFFICER,KOTTARAKKARA.
6. THE MANAGER, THEVALAPPURAM U.P.SCHOOL, THEVALAPPURAM,KOTTARAKKARA.
7. B.VASANTHY, UPSA, THEVALAPPURAM U.P.SCHOOL, THEVALAPPURAM,KOTTARAKKARA.
R1 TO R5 BY GOVERNMENT PLEADER BY SMT.V.P.SEEMANDINI (SR.) ADV. SRI.M.R.ANISON SRI.K.E.HAMZA SRI.V.A.MUHAMMED
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.
Writ Appeal No.148 of 2004
.................................................................... Dated this the 23rd day of March, 2012.
JUDGMENT
Ramachandran Nair, J.
Writ Appeal is filed against demand pertaining to appointment of a Headmaster in October 2003. The contesting party is not served and hence the Writ Appeal remains defective. Way back on 22.1.2009 another Division Bench directed curing of defect within three weeks. Defect is not cured and Writ Appeal remains in the defect list. The contesting party wherever, would have retired years back. We do not, therefore, find any justification to retain the Writ Appeal any longer. It is accordingly dismissed as infructuous.
C.N.RAMACHANDRAN NAIR Judge
BABU MATHEW P. JOSEPH Judge
pms
Shri Sujayakumar K.S.
State of Kerala
C.N. Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
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