Petitioner, a school manager, sought release of sanctioned compensation withheld by authorities. Court directed District Collector to dispose of pending representation expeditiously.
Direction to District Collector to dispose of pending representation within two months after affording opportunity of being heard.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
WP(C).No.28393 OF 2020(Y)
PETITIONER:
MALATHI AMMA AGED 85 YEARS
MANAGER, VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O, THRISSUR, PIN-680 584
BY ADVS. SRI.M.A.FAYAZ SMT.M.VISHNUPRIYA SMT.C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXURE - II, THIRUVANANTHAPURAM-695 001
JAGATHI, THIRUVANANTHAPURAM-695 014.
BY SRI.BIJOY CHANDRAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of December 2020
The petitioner, who is stated to be the Manager of the Vivekasagaram Upper Primary School, Vellarakkad, Thrissur, has approached this Court seeking a direction to respondents 6 and 7 to take steps to release the compensation amount of Rs.4,65,000/- sanctioned by the first respondent – State of Kerala, to the school within a time frame to be fixed by this Court. The petitioner says that the afore amount of Rs.4,65,000/- was sanctioned by the first respondent for the repair of the school building, but that it has been withheld on account of certain objections raised by the Tahsildar, as is evident through Ext.P1. She says that, however, the objections in Ext.P1 has been clarified by the Village Officer through Ext.P2 and therefore, that there is no longer any legal impediment in disbursal of the said amounts to her.
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considered by the said Authority, nor has any amount been disbursed to her. He, therefore, prays that if this Court is so inclined, Ext.P5 be directed to be taken up and disposed of by District Collector at the earliest, adverting to Ext.P2 proceedings of the Village Officer.
prayed that this writ petition be ordered, allowing the District Collector to take a final decision on Ext.P5, if it is still pending; however, praying that this Court may not make any affirmative declarations in favour of the petitioner and leave it to the said authority to take a decision thereon, as per law.
this writ petition and direct the 6th respondent – District Collector to take up Ext.P5 representation of the petitioner, if it is still pending and dispose of the same, after affording an opportunity of being heard to the petitioner or her representative – either physically or through video conferencing – as expeditiously as is possible, but not later than two months
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from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
DK
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF LETTER NO. C2-15911/14 ADDRESSED TO THE 6TH RESPONDENT DATED 18.08.2014 ISSUED BY THE 7TH RESPONDENT. EXHIBIT P2 PHOTOCOPY OF LETTER NO.C2-15911/14 OF THE 8TH RESPONDENT ADDRESSED TO THE 7TH RESPONDENT DATED 18.12.2015. EXHIBIT P3 PHOTOCOPY OF THE LAND TAX RECEIPT IN RESPECT OF THE SCHOOL PROPERTY DATED 03.06.2020. EXHIBIT P4 PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 08.12.2015. EXHIBIT P5 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 06.06.2016. EXHIBIT P6 PHOTOCOPY OF THE STAFF FIXATION ORDER IN RESPECT OF PETITIONER'S SCHOOL FOR THE YEAR 2019-20 ISSUED BY THE 5TH RESPONDENT DATED 16.07.2019. D.DIS.B/42938/2019 RESPONDENTS' EXHIBITS: NIL
1 issue framed by the court
Whether the District Collector should be directed to dispose of the pending representation regarding school repair compensation.
MALATHI AMMA
STATE OF KERALA
DIRECTOR OF GENERAL EDUCATION
DISTRICT COLLECTOR, THRISSUR
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
