Dismissed

The Manager, P.K.High School v. the Manager Mary Matha High School

Kerala HC1 Jul 2013WA/1294/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ appeal filed against an interim order. Observing that the appellant had already filed a detailed counter and that the underlying petition was from 2010, the court decided the interlocutory matter on merits but dismissed the appeal, reserving liberty for early disposal of the main petition.

What did the court decide?

Writ Appeal dismissed with liberty to seek early disposal of the main writ petition.

The Manager, P.K.High School Vs the Manager Mary… — Education and Admissions | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 1ST DAY OF JULY 2013/10TH ASHADHA, 1935

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WA.No. 1294 of 2012 ()

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AGAINST THE INTERIM ORDER WP(C) 24170/2010 of HIGH COURT OF KERALA.

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APPELLANT(S)/4TH RESPONDENT:

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THE MANAGER, P.K.HIGH SCHOOL MANJAPRA, KANNAMBRA, PALAKKAD DISTRICT.

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BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA

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RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 - 3:

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1. THE MANAGER MARY MATHA HIGH SCHOOL PANTHALAMPADAM, PALAKKAD DISTRICT.

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2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM -695 001.

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4. THE SELECTION COMMITTEE FOR HIGHER SECONDARY SCHOOL REPRESENTED BY THE CHAIRMAN DIRECTOR OF HIGHER SECONDARY SCHOOL THIRUVANANTHAPURAM - 695 001.

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R1 BY ADV. SRI.GEORGE POONTHOTTAM R2 TO R4 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.A. NO.1294/2012

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APPENDIX

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PETITIONER'S ANNEXURES

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AI:- COPY OF THE DECISION REPORTED IN 1995(2)KLT 21 DTD. 2.6.1995. AII:- COPY OFM THE DECISION REPORTED IN 1995(2)KLT 560 DTD. 31.8.1995. AIII:- COPY OF THE DECISION REPORTED IN 1984 KLT 736 DTD. 21.6.1984. RESPONDENT'S EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

tss

MANJULA CHELLUR, C.J & K.VINOD CHANDRAN, J.

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W.A.No. 1294 of 2012 & C.M.Appl.No. 596 of 2012

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Dated this the 1^st day of July, 2013 JUDGMENT

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Manjula Chellur, C.J.

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After hearing learned counsel for the appellant, we note that this is against an interim order where already he has filed a detailed counter. Therefore, the interlocutory application has to be decided on merits. Since the Writ Petition is of the year 2010, the appellant could have asked for disposal of the Writ Petition itself, instead of waiting for consideration of counter affidavit on the interlocutory application, where already interim orders are passed. Placing these submissions on record, we dispose of the Writ Appeal, reserving liberty to the parties to seek early disposal of the matter. Consequently, the delay condonation application is also dismissed.

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MANJULA CHELLUR, CHIEF JUSTICE

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K.VINOD CHANDRAN, JUDGE

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vgs28.6

The Manager, P.K.High School v. the Manager Mary Matha High School

Case brief

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The Manager, P.K.High School v. the Manager Mary Matha High School

Case brief

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