Disposed

K.Sunder v. State of Kerala

Kerala HC20 Jun 2012WP(C)/5047/2010

Case brief

AI extract

What is this about?

Court disposed of a writ petition filed by a society operating an Anganwadi Training Centre. Direction issued to the Government to decide on a fresh application for continued approval after notice and enquiry within two months.

What did the court decide?

Direction to Government to decide on fresh application for continued approval after notice and enquiry within two months; fixed cost consideration deferred.

K.Sunder Vs State of Kerala — 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 T.R.RAMACHANDRAN NAIR

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WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934

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WP(C).No. 5047 of 2010 (E)

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PETITIONER(S):

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KERALA INSTITUTE FOR SOCIAL WELFARE, RESEARCH AND TRAINING, PADMA NAGAR, EAST FORT, THIRUVANANTHAPURAM, REP. BY ITS GENERAL SECRETARY K. SUNDER.

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BY ADVS. SMT.SREEDEVI KYLASANATH,

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SMT.V.J.SAFEENA, SMT.SHALEENA RAJAN.

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM.

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2. DIRECTOR OF SOCIAL WELFARE, SOCIAL WELFARE DIRECTORATE, POOJAPPURA, THIRUVANANTHAPURAM.

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3. STATE PROGRAMME OFFICER, DIRECTORATE OF SOCIAL WELFARE,

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POOJAPPURA, THIRUVANANTHAPURAM.

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BY GOVT. PLEADER SMT.SANJEETHA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 5047 of 2010 (E)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	COPY OF THE PROCEEDINGS DATED 01/01/1983 OF THE DIRECTOR OF SOCIAL WELFARE, TRIVANDRUM.
EXT.P2	COPY OF THE LETTER DATED 07/03/1986 OF THE UNION OF INDIA.
EXT.P3	COPY OF THE LETTER DATED 13/05/1999 OF THE UNION OF INDIA.
EXT.P4	COPY OF THE LETTER DATED 15/09/2005 ISSUED BY MINISTRY OF HUMAN RESOURCES DEVELOPMENT , GOVERNMENT OF INDIA.
EXT.P5	COPY OF THE INTERIM ORDER DATED 29/08/2008 OF THE HONOURABLE HIGH COURT OF KERALA.
EXT.P6	COPY OF THE ORDER DATED 10/12/2008 OF THE HONOURABLE HIGH COURT OF KERALA DISMISSING THE REVIEW PETITION OF RESPONDENTS.
EXT.P7	COPY OF THE NOTIFICATION WHICH APPEARED IN MATHRUBHOOMI DAILY DATED JANUARY 2009.
EXT.P8	COPY OF THE JUDGMENT DATED 06/04/2009 OF THE HONOURABLE HIGH COURT OF KERALA.
EXT.P9	COPY OF THE LETTER DATED 21/04/2009 OF THE UNDER SECRETARY TO UNION OF INDIA.
EXT.P10	COPY OF THE ORDER DATED 30/07/2009 OF 2ND RESPONDENT.
EXT.P11	COPY OF THE HEARING NOTE SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT.
EXT.P12	COPY OF THE ORDER DATED 02/12/2009 OF THE 1ST RESPONDENT.
EXT.P13	COPY OF THE RELEVANT PORTION OF THE CHAPTER 7 OF THE GUIDE BOOK FOR ANGANAWADI WORKER'S TRADING CENTRE.
EXT.P14	COPY OF THE APPLICATION DATED 07/06/2012.
EXT.P15	COPY OF THE JUDGMENT DATED 09/03/2012 IN W.P.(C)NO. 37086/2009.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C). No.5047/2010-E
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
 Dated this the 20th day of June, 2012

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J U D G M E N T

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The petitioner-Society is having an Anganwadi Workers' Training Centre from 1983 onwards. This was established after getting recognition from the Government of India. The writ petition is filed seeking to quash Exts.P10 and P12 orders and for a further direction to the respondents to send Anganwadi workers and helpers to the Anganwadi Training Centre owned by the petitioner for training.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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The learned counsel for the petitioner invited my attention to the Judgment of this Court in W.P.(C).No.37086/2009, a copy of which is produced as Ext.P15; and sought for a similar direction. Therein, this Court has directed reconsideration of the matter. The learned counsel also submitted that the petitioner's claim for fixed cost also may be directed to be considered. Ext.P14 is a fresh application submitted by the petitioner before the first respondent seeking continued approval for conducting Anganwadi Training Centre. Various infrastructural facilities provided are detailed therein.

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There will be a direction to the Government to take a decision on Ext.P14 after notice to the petitioner and after conducting due enquiries

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W.P.(C). No.5047/2010

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-:2:-

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within a period of two months from the date of receipt of a copy of this Judgment. The disbursement of fixed cost also will be considered by the Government and the eligible amount will be disbursed, for which the petitioner will file a detailed application showing the amounts due and the period for which it is claimed. The writ petition is disposed of as above. No costs.

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Sd/-

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(T.R. Ramachandran Nair, Judge.)

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ms

K.Sunder v. State of Kerala

Case brief

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K.Sunder v. State of Kerala

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