The High Court of Kerala, considering the pendency of W.P.(C) No.12251 of 2023 and a relevant interim order dated 04 July, closed the impugned writ petitions as infructuous without any detailed reasoning or pronouncement of law.
wards closed as infructuous
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 P.M.MANOJ
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 42132 OF 2022
PETITIONER:
ISMAIL E.K.,
AGED 61 YEARS
S/O. MOIDI HAJI, EDVANNAKANDI HOUSE,
NANMINDA.P.O, KOZHIKODE - 673 713.
BY ADV K.PRAVEEN KUMAR
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHI.P.O, THIRUVANANTHAPURAM-695 014.3 THE DISTRICT EDUCATION OFFICER, THAMARASSERY, THAMARASSERY.P.O, KOZHIKODE - 673 574.4 M/S. NANMINDA HIGHER SECONDARY SCHOOL, REPRESENTED BY ITS MANAGER, NANMINDA.P.O, KOZHIKODE - 673 613.5 BALAKRISHNAN KIDAV.K, AGED 63 YEARS S/O. RARUKUTTY MATER, KOODATHINKAL HOUSE, KUTTIYATTUPARABATH, ERAMANGALAM.P.O, KOZHIKODE - 673 612.BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR(K/000295/1992)
SRI.V.VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2024, ALONG WITH WP(C).19117/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.42132/2022 & 19117/2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 19117 OF 2023
PETITIONER:
C.P.VENUGOPALAN NAIR
AGED 80 YEARS
S/O RAMANKUTTIKIDAVU CHERIYAPARAMBATH HOUSE,
EKAROOL P.O., KOZHIKODE DISTRICT., PIN - 673574
BY ADVS.
S.S.ARAVIND
G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
2*BALARAMA KIDAVU*
AGED 70 YEARS
S/O . KUNJIRAMAN NAIR,KIZHAKAYIL HOUSE,
PERUMALA P.O., KOZHIKODE * CORRECTED AS
BALAKRISHNAN KIDAVU, AGED 70 YEARS, S/O.
KUNJIRAMAN NAIR, KIZHAKAYIL HOUSE, PERUMALA P.O.,
KOZHIKODE, PIN - 673017 (AS PER ORDER DATED 18-
12-2023 IN IA 1/2023), PIN - 673017
BY ADVS
V.M.KRISHNAKUMAR
E.G.GORDEN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.07.2024, ALONG WITH WP(C).42132/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.42132/2022 & 19117/2023
3
P.M. MANOJ, J
W.P.(C) Nos.42132 of 2022 and 19117 of 2023
------------------------------------------------------------------Dated this the 23rd day of July, 2024
JUDGMENT
In the light of the pendency of W.P.(C) No.12251 of 2023 and the passing of present order dated 07.04.2024, it is submitted by the counsel for the petitioners in both these writ petitions that, nothing survives in these writ petitions and can be closed as infructuous.
Accordingly, these writ petitions are closed as infructuous.
Sd/P.M. MANOJ JUDGE
SSS
WP(C) Nos.42132/2022 & 19117/2023
4
APPENDIX OF WP(C) 42132/2022
PETITIONER EXHIBITS
EXHIBIT |
P1TRUE |
COPYO |
FP |
ROCEEDING |
NO. |
|---|---|---|---|---|---|
A5/76 |
4/2021/K. D |
IS D |
ATED 20.03 |
.2021 |
|
APPRORESPO |
VING APPOINNDENT. |
TMENT |
OF THE |
5TH |
|
EXHIBIT |
P2TRUEEM3/5 |
COPY OF335/2021/DGE |
THEDATED |
PROCEEDING12.05.2022 |
NO.. |
EXHIBIT |
P3TRUE27.10 |
COPY OF.2022 IN WP(C |
THE)NO. 3 |
JUDGMENT3087/2022. |
DATED |
EXHIBIT |
P4TRUE14.12 |
COPY OF.2022 IN W.A. |
THENO. 64 |
JUDGMENT/2022. |
DATED |
EXHIBIT |
P5TRUE7897/ |
COPY OF2022/ G.EDN. |
THEDATED |
G.O.(RT)12.12.2022 |
NO.. |
RESPONDENT EXHIBITS
EXHIBIT-R4(A) |
A TRUE |
COPY OF |
THE JUDGMENT DATED 12- |
|---|---|---|---|
07-2022HON'BLE |
IN OP(C)COURT |
NO.377 OF 2022 OF THIS |
|
EXHIBIT-R4(B) |
A TRUE |
COPY OF |
THE ORDER DATED 02-12- |
2022 INTHIS HON |
R.P NOS.'BLE COU |
765 AND 827 OF 2022 OFRT |
|
EXHIBIT-R4(C) |
A TRUE |
COPY OF |
THE JUDGMENT DATED 02- |
02-2023 |
IN O.S |
NO.173 OF 2022 OF THE |
|
PRINCIPA |
L MUNSIF |
F COURT-I, KOZHIKODE |
WP(C) Nos.42132/2022 & 19117/2023
5
APPENDIX OF WP(C) 19117/2023
PETITIONER EXHIBITS
EXHIBIT-P1 |
TRUE COPY OFNO. A5/764/21 |
THEKDS |
ORDERDATED |
OF DEO BEA20/03/2021 |
RING |
|---|---|---|---|---|---|
EXHIBIT-P2 |
TRUE COPY OFBY THIS HON'BLDATED 14/03/20 |
THEE C22 |
INTEROURT I |
IM ORDER PAN WA NO.231/ |
SSED2022 |
EXHIBIT-P3 |
TRUE COPY OFEM3/5335/2021/ |
THDGE |
E ORDDATED |
ER BEARING12/05/2022 |
NO. |
EXHIBIT-P4 |
TRUE COPY OF |
THE |
REVISI |
ON PETITION |
NO. |
GEDN.F2/15/202PETITIONER BEDATED 26/05/20 |
2FORE22 |
GEDNTHE |
FILED BY1ST RESPON |
THEDENT |
|
EXHIBIT-P5 |
TRUE COPY OFTHIS HON'BLEDATED 14-12-20 |
THCOU22 |
E JUDGRT IN |
MENT PASSEDWA NO.231/ |
BY2022 |
EXHIBIT-P6 |
TRUE COPY OFRESPONDENT7897/2022/GEDN |
THBEARDAT |
E ORDINGED 12/ |
ER OF THENO.G.O.(GEN12/2022 |
1ST)NO. |
EXHIBIT-P7 |
TRUE COPY OFTHISHON'BLNO.377/2022 DA |
THEETED |
JUDGCOURT12-07- |
EMENT PASSEDINO.2022 |
BYP(C) |
EXHIBIT-P8 |
TRUE COPY OFHON'BLE COURTOP(C) NO.377/2 |
THEI022 |
ORDERN RPDATED |
PASSED BYNO.765/202202/12/2022 |
THISIN |
2 issues framed by the court
Whether the writ petitions can be closed as infructuous in light of the pendency of W.P.(C) No.12251 of 2023 and the order dated 07.04.2024?
Whether anything survives in the writ petitions after the reliance on the interim order dated 07.04.2024?
Colour shows how this judgement treated each authority
W.P.(C) No.12251 of 2023Referred¶37
ISMAIL E.K.
C.P. VENUGOPALAN NAIR
STATE OF KERALA
DIRECTOR OF GENERAL EDUCATION
DISTRICT EDUCATION OFFICER
BALAKRISHNAN KIDAVU
P.M. MANOJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court