Disposed

Shajahan C v. State of Kerala

Kerala HC22 Jun 2015WP(C)/15905/2015

Case brief

AI extract

What is this about?

In a writ petition filed to prevent the shifting of a primary school to a new location, the High Court of Kerala directed the State Education Department to examine a pending revision petition rejecting that shift, hearing all parties within two months.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on the revision petition against the 2nd respondent's order within two months, hearing the petitioner and 4th respondent.

Shajahan C Vs State of Kerala — Service and Employment | Kerala HC (2015)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937

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WP(C).NO. 15905 OF 2015 (K)

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PETITIONER(S):

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SHAJAHAN C, CHEERANGAN HOUSE, INDIANOOR, MALAPPURAM -676 503.

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BY ADVS.SRI.AUGUSTINE JOSEPH

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SRI.K.S.ROCKEY SRI.TONY AUGUSTINE

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RESPONDENT(S):

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

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

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3. THE ASSISTANT EDUCATIONAL OFFICER MALAPPURAM - 676 503.

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4. THE MANAGER

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AIDED MAPPILA LOWER PRIMARY SCHOOL, VILLOOR, INDIANOOR MALAPPURAM - 676 503.

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R4 BY ADV. SRI.V.A.MUHAMMED R4 BY ADV. SRI.M.SAJJAD BY GOVERNMENT PLEADER SMT.LOWSY.A

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO. 15905 OF 2015 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE PETITION DATED 2.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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EXT.P-2: TRUE COPY OF THE JUDGEMENT DTD 7.4.2014 IN WPC NO.8686/14 OF THIS HON'BLE COURT.

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EXT.P-3: TRUE COPY OF THE PROCEEDINGS DATED 4.10.2014 FROM THE 2ND RESPONDENT

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EXT.P-4: TRUE COPY OF THE REPRESENTATION DATED 10.5.2015 SUBMITTED BEFORE THE RESPONDENTS 1 AND 2.

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RESPONDENT(S)' EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J.

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............................................................. W.P.(C).No.15905 of 2015 ............................................................. Dated this the 22^nd day of June, 2015

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J U D G M E N T

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The petitioner in the writ petition apprehends that, notwithstanding Ext.P3 order that was passed by the 2^nd respondent, rejecting the application submitted by the 4^th respondent Manager for shifting the location of the A.M.L.P. School, Villoor, Malappuram, the 4^th respondent will take steps to shift the location of the School. It is under these circumstances, that the petitioner has approached this Court through the present writ petition, seeking a direction to the official respondents to prevent the 4^th respondent from shifting the location of the School from its present site.

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I have heard the learned counsel for the petitioner, the learned counsel for the 4^th respondent and the learned Government Pleader for the official respondents. The learned counsel for the 4^th respondent would submit that, against Ext.P3 order of the 2^nd respondent rejecting its application for shifting of the School, it has preferred a revision before the 1^st respondent and the same is pending consideration before the said respondent. Counsel for the petitioner would submit that if the 1^st respondent considers the objections of the

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W.P.(C).No.15905 of 2015

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petitioner also, while considering the revision petition filed by the 4^th respondent against Ext.P3 order of the 2^nd respondent, then that should redress his grievance.

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On a consideration of the facts and circumstances of the case, as also the submissions made across the bar, and in the light of the submissions made above, I dispose the writ petition with a direction to the 1^st respondent to consider and pass orders on the revision petition filed by the 4^th respondent, against Ext.P3 order of the 2^nd respondent, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner and the 4^th respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 1^st respondent for further action.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns

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W.P.(C).No.15905 of 2015 3

Shajahan C v. State of Kerala

Case brief

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Shajahan C v. State of Kerala

Case brief

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