This judgment is a conference memo allowing the appellant's petition to condone an 83-day delay in filing a writ appeal. The court then recognized that the substantive issues were covered by its previous judgment in WA No. 2487 of 2017 and dismissed the appeal on that basis.
Condonation of delay of 83 days allowed; Writ Appeal dismissed as covered by precedent.
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.SURENDRA MOHAN &
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939
WA.No. 460 of 2018 IN WPC. 17177/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 17177/2017 of HIGH COURT OF KERALA DATED 29-08-2017
APPELLANT(S)/PETITIONER
THE PRESIDENT PARENT TEACHER ASSOCIATION,PALAYAD LOWER PRIMARY SCHOOL, PALAYAD NADA.P.O,VIA IRINGAL,VATAKARA,KOZHIKODE-673521.
BY ADV.SRI.BASANT BALAJI
RESPONDENT(S)/RESPONDENTS:
1. THE SECRETARY GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE MANAGER, PALAYAD LOWER PRIMARY SCHOOL,PALAYAD NAGAR.P.O,
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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K.SURENDRA MOHAN & ANNIE JOHN, JJ.
C.M.Application No.318 of 2018 in W.A. No.460 of 2018
---------------------------------------------Dated this the 27th day of February, 2018
ORDER/JUDGMENT
Surendra Mohan, J.
C.M.Application No.318 of 2018
The petitioner seeks condonation of a delay of 83 days in filing the appeal. The Government Pleader takes notice for respondents 1 to 4. In the nature of the order that we propose to pass, we do not think separate notice to the 5th respondent is necessary.
Heard. We have perused the affidavit filed in support of this petition. Explanation for the delay is accepted. This petition is allowed. Delay condoned.
Writ Appeal
The counsel on both sides agree that, the issues raised in this Writ Appeal are covered by our judgment dated 25.01.2018 in W.A.No.2487 of 2017. For the various reasons stated therein, this Writ Appeal is also dismissed.
Sd/-
K.SURENDRA MOHAN JUDGE
Sd/ANNIE JOHN JUDGE
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2 issues framed by the court
Whether the appellant was entitled to condonation of delay of 83 days in filing the writ appeal.
Whether the issues raised in the writ appeal were covered by the judgment in WA No.2487 of 2017.
Colour shows how this judgement treated each authority
W.A.No.2487 of 2017Followed¶34
THE PRESIDENT PARENT TEACHER ASSOCIATION,PALAYAD LOWER PRIMARY SCHOOL
THE SECRETARY GENERAL EDUCATION DEPARTMENT
THE DIRECTOR OF PUBLIC INSTRUCTIONS
THE DEPUTY DIRECTOR OF EDUCATION
THE ASSISTANT EDUCATIONAL OFFICER
THE MANAGER, PALAYAD LOWER PRIMARY SCHOOL
K. SURENDRA MOHAN
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
