The Court closed the writ petition as infructuous due to non-compliance by the Government and rejected the concurrent contempt petition after finding the interim order had been obeyed in the contempt proceeding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
WP(C).No. 9909 of 2004 (D)
PETITIONER(S):
MANAGER, ST.THOMAS NURSERY AND L.P. ENGLISH MEDIUM SCHOOL, KEEZHILLAM.
BY ADVS.SRI.BABU VARGHESE SRI.V.DAVID JOSEPH
SRI.ANOOP JACOB
RESPONDENT(S):
1. THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR.
2. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANADU.P.O., ERNAKULAM.
3. THE DIRECTOR OF PUBLIC INSTRUCTION,
4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION,, THIRUVANANTHAPURAM.
5. ALLAMA IQBAL MEMORAIAL NATIONAL FOUNDATION FOR EDUCATION AND TRAINING,, POST BOX NO.4464, ERNAKULAM NORTH, KOCHI-18.
R,R1TOR4 BY ADV. GOVERNMENT PLEADER SRI S JAMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2016, ALONG WITH COC. 182/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. VINOD CHANDRAN, J
W.P(C) No. 9909 of 2004 &Cont. Case © No.182 of 2004 in W.P(C) No.31173 of 2003
Dated this the 31st day of March, 2016 J U D G M E N T
The petitioner was before this Court seeking for a
permanent recognition for unaided Nursery and LP School. There was a direction granted to consider provisional recognition as per
interim order dated 23.03.2004. Alleging that the Government did not comply with the interim order, a contempt was also filed. In the contempt case, order passed in obedience to the interim order is produced. In such circumstance, nothing survives in the contempt case. The learned counsel for the petitioner submits that despite
trying to contact the petitioner no instruction is received.
In such circumstance, writ petition also would stand
closed as infructuous. The contempt petition would stand rejected.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
Manager, St. Thomas Nursery and L.P. English Medium School, Keezhillam
Assistant Educational Officer, Perumbavoor
Director of Public Instruction, Thiruvananthapuram
State of Kerala, represented by its Secretary, Department of General Education
Allama Iqbal Memorial National Foundation for Education and Training
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
