Disposed

N.Natarajan v. the District Educational Officer

Kerala HC5 Oct 2012WP(C)/19490/2012

Case brief

AI extract

What is this about?

The Kerala High Court directed the District Educational Officer to consider the petitioner's requests regarding school management rotation under Ext.P1, after providing an opportunity of hearing to all parties, with finalisation within two months.

What did the court decide?

Directs first respondent to consider Ext.P5 & P6 in light of Ext.P1 after hearing all parties, to be finalised within two months.

N.Natarajan Vs the District Educational Officer — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934

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WP(C).No. 19490 of 2012 (I)

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PETITIONER(S):

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N.NATARAJAN,

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S/O.LATE NARAYANA IYER, RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, PERUMBAVOOR, ERNAKULAM DISTRICT PIN 683 544.

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BY ADVS.SRI.T.C.SURESH MENON

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SRI.P.S.APPU SRI.A.R.NIMOD SRI.K.A.ANAS

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RESPONDENT(S):

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1. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT - PIN 686 691.

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2. T.JAWAHAR,

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S/O.LATE RAMANATHAN, RESIDING AT RUGMANI MANDIRAM, G.K ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT PIN 683 542.

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3. KASTHOORIRANGAN,

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S/O.LATE VISWANATHA IYER,

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RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, NOW RESIDING IN UNITED STATES OF AMERICA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER

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K.MANGALAMBAL, RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, PERUMBAVOOR ,ERNAKULAM DISTRICT, PIN 683 544.

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R1 BY GOVERNMENT PLEADER SMT. K.A.LOWSY R2 & R3 BY ADVS. SRI.V.A.MUHAMMED

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SRI.M.SAJJAD SRI.K.S.ARUN KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.19490/2012 I

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY
	DIRECTOR OF PUBLIC INSTRUCTION ERNAKULAM DATED 17-01-1974.
EXT.P2	TRUE COPY OF THE ORDER IN W.A NO 1565/2011 ON THE FILE OF THIS HONOURABLE COURT DATED 14-06-2012.

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EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT DATED 5-5-2009.

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EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 20-04-2009.

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EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 1-08-2011.

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EXT.P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 25-06-2012.

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EXT.P7 TRUE COPY OF THE REQUEST MADE BY RESPONDENTS 2 AND 3 TO THE FIRST RESPONDENT DATED 19-03-2005.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NO. 19490 of 2012 (I)

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Dated this the 5^th day of October, 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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i) issue a writ in the nature of mandamus directing the first respondent to consider on merit Exts. P5 and P6 requests made by the petitioner expeditiously after affording toj him an opportunity of being heard;

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ii) issue a writ in the nature of mandamus directing the first respondent to conduct an election from amount the three owners of the School as provided under Ext. P1 and take appropriate steps to appoint the petitioner as the Manager of the Ganapathy Vilasom High School, Koovappady; and

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iii) issue such other writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case.

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The learned counsel for the petitioner submits that, as per the contents of Ext.P1, the managership shall stand rotated every three years and in spite of the expiry of the tenure, the third respondent is being permitted to continue to function as the manager, which in turn is sought to be intercepted in this writ petition.

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Despite the completion of service of notice, there is no

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W.P.(C) NO. 19490 of 2012 (I)

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representation for the second and third respondents.

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Heard the learned Government Pleader as well.

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Considering the limited extent of relief sought for by

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the petitioner to cause Ext.P5 and P6 to be considered and finalised in the light of Ext.P1, the first respondent is directed to consider Ext.P5 & P6 in the light of Ext.P1 and such other materials, if any, to be produced by the parties concerned, after giving an opportunity of hearing to the petitioner and also to the respondents 2 and 3. This shall be finalised at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.

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sd/-

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P.R.RAMACHANDRA MENON, JUDGE

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AMV

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W.P.(C) NO. 19490 of 2012 (I)

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W.P.(C) NO. 19490 of 2012 (I)

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N.Natarajan v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

N.Natarajan v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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