Allowed

P.v.Narayanan Namboodiri v. P.M.Narayanan Namboodiri

Kerala HC20 Mar 2023RP/320/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a review petition seeking recall of a judgment in W.P.(C) No.42344 of 2022. The court found an error apparent on the face of the record as it failed to consider the consequences of an external order and disposed of the matter without hearing the review petitioner.

What did the court decide?

The judgment dated 23.12.2022 is recalled and the matter posted for hearing.

P.v.Narayanan Namboodiri Vs P.M.Narayanan Namboodiri — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
MONDAY,THE20THDAYOFMARCH2023/29THPHALGUNA,1944

¶3

RP NO. 320 OF 2023

¶4

JUDGMENT IN WP(C) 42344/2022 DATED 23.12.2022 OF HIGH COURT OF KERALA

¶5

REVIEW PETITIONER/4TH RESPONDENT IN THE WRIT PETITION:

¶6

P.V.NARAYANANNAMBOODIRI
AGED51YEARS
S/OVASUDEVANNAMBOODIRI,
PADINJATTUMANA,MARAKKARA,
MALAPPURAM,PIN-676554

¶7

BYADVSAJEEVKUMARK.GOPAL

¶8

RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN THE WRIT

¶9

PETITIOIN:

¶10

1 P.M.NARAYANAN NAMBOODIRI, MANAGER, AUP SCHOOL, MARAKKARA, MALAPPURAM, PIN - 676554

¶11

2 DIRECTOR OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

¶12

3 DEPUTY DIRECTOR OF EDUCATION DOWN HILL, MALAPPURAM, PIN - 676519

¶13

4 ASSISTANT EDUCATION OFFICER KUTTIPPURAM, MALAPPURAM, PIN - 676534

¶14

BYADVAUGUSTINEJOSEPH

¶15

R.P. No.320 of 2023

¶16

¶17

SRI.T.RRENJITH,SRGOVERNMENTPLEADER

¶18

THISREVIEWPETITIONHAVINGCOMEUPFORADMISSIONON
20.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

R.P. No.320 of 2023

ORDER

This Review Petition is preferred seeking to review the judgment dated 23.12.2022 in W.P.(C) No.42344 of 2022.

¶23

I have heard Sri. Sajeev Kumar K Gopal, the learned counsel

¶24

appearing for the Review Petitioner and Sri.Augustine Joseph, the learned

¶25

counsel appearing for the Writ Petitioner.

¶26

Sri. Sajeev Kumar K Gopal, the learned counsel appearing for

¶27

the review petitioner, submits that in view of Ext. P5 order issued by the Director of General Education, the writ petitioner is not entitled to continue as the Manager of the school. It is submitted that as Ext.P5 produced in the writ petition has become final, and the same has not been overturned, the 3rd respondent will not be justified in considering the request made by the writ petitioner. It is submitted that this aspect of the matter was not considered by this Court while disposing of the matter. Finally, it is submitted that serious injustice has been caused as before disposing of the matter, The Review Petitioner, who was arrayed as the

¶28

R.P. No.320 of 2023

¶29

¶30

4th respondent in the writ petition, was not afforded an opportunity of being heard.

¶31

Having considered the submissions, I find that while disposing of the matter, this Court failed to take note of the consequences of Exhibit P5 order passed by the DGE. Furthermore, the matter was disposed of at the admission stage itself without affording an opportunity to the Review Petitioner to advance his contentions. There is an error

¶32

apparent on the face of the record warranting invocation of review powers.

¶33

This review petition will stand allowed.

¶34

The judgment dated 23.12.2022 will stand recalled.

¶35

Post the matter for hearing as per the roster.

¶36

Sd/-

¶37

RAJA VIJAYARAGHAVAN V, JUDGE

¶38

IAP

P.v.Narayanan Namboodiri v. P.M.Narayanan Namboodiri

Case brief

What is this about?

What did the court decide?

P.v.Narayanan Namboodiri v. P.M.Narayanan Namboodiri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

1. M.M. Antony Vs 1. Govt. of India

M/S.Umma Transport Vs the Regional Transport Officer

G & M Transporting Co. Vs *the Joint Regional Transport Officer

Sajan Philip Vs State of Kerala

K.v.George Alias George Varghese Vs Sub Regional Transport Officer/Taxation Officer

Sajitha Beevi Vs Regional Passport Officer