Disposed

Dr. C.G. Geetha v. State of Kerala

Kerala HC26 Mar 2024WP(C)/9242/2021

Case brief

AI extract

What is this about?

A school principal sought police protection against a teachers' union strike. Three years later, with no party appearance and the Government Pleader stating the strike was likely withdrawn, the court confirmed its earlier interim order and closed the writ petition, leaving liberty to approach again.

What did the court decide?

Interim order dated 09.04.2021 on police protection confirmed; writ petition closed without further orders; liberty to petitioner to approach court again.

Dr. C.G. Geetha Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946
WP(C) NO. 9242 OF 2021

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PETITIONER:

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DR. C.G. GEETHA, AGED 57 YEARS,
SENIOR PRINCIPAL, D/O C.G. KURUP,
SREE GOKULAM PUBLIC SCHOOL, PAZHUVIL WEST P.O,
TRIPRAYAR, TRICHUR DISTRICT-680564
RESIDING AT A-8, GEETHANJALI, DIVINE HOMES,
CSEZ P.O, KAKKANADU, ERNAKULAM DISTRICT-682037.

¶7

BY ADVS.
ANOOP.V.NAIR
DEVI P.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DYSP, IRINJALAKKUDA, THRISSUR DISTRICT-680125.

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3 THE CIRCLE INSPECTOR OF POLICE, ANTHIKAD POLICE STATION, ANTHIKAD, THRISSUR DISTRICT-680641.

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4 THE SUB INSPECTOR OF POLICE, ANTHIKAD POLICE STATION, ANTHIKAD, THRISSUR DISTRICT-680641.

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5 ANITHA.P.B., KERALA UNAIDED SCHOOL TEACHERS AND STAFF UNION(CITU), KUSTU, SGP SCHOOL UNIT, PAZHUVIL, PARALAM JOSEPH SMARAKA MANDHIRAM, CITU OFFICE, CHERPU P.O, THRISSUR DISTRICT-680561.

¶14

6DEEPA PRADEEP, TREASURER,
KERALA UNAIDED SCHOOL TEACHERS AND STAFF UNION(CITU),
KUSTU, SGP SCHOOL UNIT, PAZHUVIL,
PARALAM JOSEPH SMARAKA MANDHIRAM,
CITU OFFICE, CHERPU P.O, THRISSUR DISTRICT-680561.

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WP(C) NO. 9242 OF 2021

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-2-

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7 AJITHA VINOD, RESIDING AT KANARA HOUSE, PERINGOTTUKARA P.O, THRISSUR DISTRICT-680565.

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8 SAJITHA.M.M., RESIDING AT AMBALATH VEETTIL HOUSE, CHAZHUR P.O, THRISSUR DISTRICT-680571.

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9 BISSY V.M. RESIDING AT KARAYIL HOUSE, PERINGOTTUKARA P.O, THRISSUR DISTRICT-680565.

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10 JINJU.K.MOHAN RESIDING AT KUNNATHULLY HOUSE, ELAVALLY P.O, PARAKKAD, THRISSUR DISTRICT-680641.

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11 RADHA K.B. RESIDING AT KIZHAKOOT HOUSE, KIZHAKKUMURI P.O, PERINGOTTUKARA, THRISSUR DISTRICT-680571.

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12 REGINI MURALI RESIDING AT VELLIYATH HOUSE, PANIKKARAMOOLA P.O, KATTOOR, THRISSUR DISTRICT-680702.

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13 SHEEJA P.S., RESIDING AT NJATTUVETTY HOUSE, PAZHUVIL WEST P.O, THRISSUR DISTRICT-680564.

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14 SILPA GIRI, RESIDING AT KUYILAMPARAMBIL HOUSE, ALAPAD P.O, THRISSUR DISTRICT-680641.

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15 SHEENA.A., RESIDING AT VELLIYATTU MANA, PALLIPURAM, KODANNUR, THRISSUR DISTRICT-680618.

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16 JASMINE M.P. RESIDING AT CHEMMANI HOUSE, ALAPAD P.O, THRISSUR DISTRICT-680641.

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WP(C) NO. 9242 OF 2021

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-3-

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17 DEEPU N.S. RESIDING AT NJATTUVEETTY HOUSE, CHAZHUR P.O, THRISSUR DISTRICT-680571.

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18 REKHA M.R. RESIDING AT KALATHUMPARAMBIL HOUSE, ANTHIKAD P.O, THRISSUR DISTRICT-680641.

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19 SHEEJA T.V. RESIDING AT THANDASSERY HOUSE, PADIYAM P.O, MUTTICHUR, THRISSUR DISTRICT-680641.

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20 SUMA P.J. RESIDING AT THAIVALAPPIL HOUSE, PADIYAM P.O, MUTTICHUR, THRISSUR DISTRICT-680641.

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21 JAYANTHY P.U. RESIDING AT THOTTUPURA HOUSE, NATTIKA P.O, THRISSUR DISTRICT-680566

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22 SEENA M.U. RESIDING AT VALLIKKATTIL HOUSE, GREEN GARDEN LINE P.O, ARANATTUKARA, THRISSUR DISTRICT-680641.

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23 SHEENA P.V. RESIDING AT THEKKOOT HOUSE, KARALAM P.O, THRISSUR DISTRICT-680711.

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24 JIGI P.J. RESIDING AT PALIKUNNATH HOUSE, FRANCIS LINE ROAD, KANADASSANKADAVU P.O, THRISSUR DISTRICT-680613.

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25 SUCHITHRA P.P. RESIDING AT PADIPPURAKKAL HOUSE, VALAPAD P.O, THRISSUR DISTRICT-680567.

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26MEXI K.ANTO.
RESIDING AT KAKKASSERY HOUSE, ERA-83,
OPP.CONVENT ROAD, KARIMAGALAM P.O,
THRISSUR DISTRICT-680027.

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WP(C) NO. 9242 OF 2021

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-4-

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27RAJI.T.R.
RESIDING AT NJATTUVETTY HOUSE,
KATTOOR P.O., NEDUMPURA,
THRISSUR DISTRICT-680702.

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28BIJIL M.D.
RESIDING AT MENOTHUPARAMBIL HOUSE,
KIZHAKKUMURI, PERINGOTTUKARA P.O,
THRISSUR DISTRICT – 680571.

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29 THE KERALA UNAIDED SCHOOL TEACHERS AND STAFF UNION(CITU), KUSTU, SGP SCHOOL UNIT, PAZHUVIL, PARALAM JOSEPH SMARAKA MANDHIRAM, CITU OFFICE, CHERPU P.O, THRISSUR DISTRICT-680561, REPRESENTED BY ITS SECRETARY, ANITHA.P.B.

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BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SRI.P.M.SHAMEER, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 9242 OF 2021

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JUDGMENT

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This Writ Petition was filed in the year
2021, at the time when ‘Sree Gokulam Public
School’, Triprayar – of which the petitioner is

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stated to be the Senior Principal – was facing a
strike under the aegis of respondents 5 to 29.

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petitioner that the strike called by respondents
5 to 29 is illegal; and that it will lead to
extreme inconvenience, not only to the School,
but its students and staff; and thus sought

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directions to respondents 2 to 4 to grant
adequate protection to the School on a regular

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basis, for which, she is stated to have
preferred Exts.P5 to P7 representations.

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matter has been pending before this Court for

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the last nearly three years, and there is no
information as to whether the strike is still

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WP(C) NO. 9242 OF 2021

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going on, or if it has now abated.

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4.When this matter was called today, there
was no appearance for the party respondents.
Therefore, the learned Government Pleader –

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Sri.P.M.Shameer, submitted that it is most
probable that the strike in question has been
either withdrawn or terminated; and thus

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asserted that there is no relevance for this
Writ Petition any further. He added that, in any
event, as and when the School or its Principal
makes any request for Police Protection from the
appropriate Authorities, the same will be
granted, depending upon the circumstances
presented.

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5.In view of the above, I see no reason

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why this Writ Petition should be allowed to
continue on files, particularly when the learned
Government Pleader says that the strike in
question may have been withdrawn or terminated

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WP(C) NO. 9242 OF 2021

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by respondents 5 to 29 themselves.

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6.This is more so because, on 09.04.2021,

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the following interim order was issued by a
learned Judge of this Court:

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petition came up for admission the
learned Government Pleader took notice on
admission for respondents 1 to 4 and this
Court issued urgent notice on admission
by special messenger to respondents 5 to
29, returnable by 09.04.2021. The learned
Government Pleader was directed to get
instructions.

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The learned Government Pleader, on
instructions from the 3rdrespondent
Circle Inspector of Police, Anthikkad
Police Station would submit that there is
no law and order issues in the locality
and none of the teachers are staging any
agitation/protest in front of the
petitioner's school.

¶70

The 6th respondent enters appearance
through Sri.Lindon C. Davis, the learned
counsel, who would submit that there is
no agitation/protest in front of the
petitioner's school, by the members of
the 6th respondent's Union.

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Having considered the pleadings and

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WP(C) NO. 9242 OF 2021

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materials on record and also the
submissions made by the learned counsel
on both sides, there will be an interim
order directing the 3rd respondent Circle
Inspector of Police to take necessary
steps to ensure that there is no threat
to law and order in the locality or any
obstruction to free ingress and egress to
the petitioner's school, on account of
any agitation/protest made by respondents
5 to 29.

¶75

It is made clear that this order
will not stand in the way of respondents
5 to 29 staging any agitation/protest in
front of the petitioner's school, in a
democratic manner, without adversely
affecting the smooth functioning of the
petitioner's school.

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The learned counsel for the 6th
respondent seeks time to file counter
affidavit.

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Two weeks time granted.”

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7.I am certain that the afore interim

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order takes care of the interests of both sides.

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In the afore circumstances, confirming the

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interim order dated 09.04.2021, and recording
the afore submissions of the learned Government

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WP(C) NO. 9242 OF 2021

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Pleader, I close this Writ Petition without any

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further orders.

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I, however, leave full liberty to the

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petitioner to approach this Court again, if so

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required in future; for which purpose, all rival
contentions are left open.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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akv

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WP(C) NO. 9242 OF 2021

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APPENDIX OF WP(C) 9242/2021

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF O`	`NE SUCH COMPLAINT`
	`SUBMITTED BY THE` `THE PRINCIPAL.`	`PARENT'S COUNCIL TO`
`EXHIBIT P2`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 7TH`
`EXHIBIT P2(A)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 8TH`
`EXHIBIT P2(B)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 9TH`
`EXHIBIT P2(C)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 10TH`
`EXHIBIT P2(D)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 11TH`
`EXHIBIT P2(E)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 12TH`
`EXHIBIT P2(F)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 13TH`
`EXHIBIT P2(G)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 14TH`
`EXHIBIT P2(H)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021`	`GIVEN TO 15TH`

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WP(C) NO. 9242 OF 2021

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RESPONDENT.

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`EXHIBIT P2(I)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 16TH`
`EXHIBIT P2(J)`	`TRUE COPY OF THE` `DATED 18/03/2021` `RESPONDENT.`	`TERMINATION NOTICE` `GIVEN TO 17TH`
`EXHIBIT P2(K)`	`TRUE COPY OF THE` `DATED 18/03/2021` `RESPONDENT.`	`TERMINATION NOTICE` `GIVEN TO 18TH`
`EXHIBIT P2(L)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 19TH`
`EXHIBIT P2(M)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 20TH`
`EXHIBIT P2(N)`	`TRUE COPY OF THE` `DATED 18/03/2021` `RESPONDENT.`	`TERMINATION NOTICE` `GIVEN TO 21st`
`EXHIBIT P2(O)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 22ND`
`EXHIBIT P2(P)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 23RD`
`EXHIBIT P2(Q)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 24TH`
`EXHIBIT P2(R)`	`TRUE COPY OF THE`	`TERMINATION NOTICE`
	`DATED 18/03/2021` `RESPONDENT.`	`GIVEN TO 25TH`

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WP(C) NO. 9242 OF 2021

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`EXHIBIT`	`P2(S)` `TRUE COPY`	`OF THE`	`TERMINATION NOTICE`
	`DATED 18` `RESPONDENT.`	`/03/2021`	`GIVEN TO 26TH`
`EXHIBIT`	`P2(T)` `TRUE COPY` `DATED 18` `RESPONDENT.`	`OF THE` `/03/2021`	`TERMINATION NOTICE` `GIVEN TO 27TH`
`EXHIBIT`	`P2(U)` `TRUE COPY` `DATED 18` `RESPONDENT.`	`OF THE` `/03/2021`	`TERMINATION NOTICE` `GIVEN TO 28TH`
`EXHIBIT`	`P3` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 7TH` `MANAGEMENT.`
`EXHIBIT`	`P3(A)` `TRUE COPY`	`OF THE`	`REPLY LETTER DATED`
	`22.03.2021` `RESPONDENT`	`ISSUE` `TO THE`	`D BY THE 8TH` `MANAGEMENT.`
`EXHIBIT`	`P3(B)` `TRUE COPY` `24.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 9TH` `MANAGEMENT.`
`EXHIBIT`	`P3(C)` `TRUE COPY` `24.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 10TH` `MANAGEMENT.`
`EXHIBIT`	`P3(D)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 11TH` `MANAGEMENT.`
`EXHIBIT`	`P3(E)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 12TH` `MANAGEMENT.`
`EXHIBIT`	`P3(F)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 13TH` `MANAGEMENT.`
`EXHIBIT`	`P3(G)` `TRUE COPY`	`OF THE`	`REPLY LETTER DATED`
	`22.03.2021` `RESPONDENT`	`ISSUE` `TO THE`	`D BY THE 14TH` `MANAGEMENT.`

¶104

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WP(C) NO. 9242 OF 2021

¶106

`EXHIBIT P3(H)` `TRUE COPY`	`OF THE`	`REPLY LETTER DATED`
`22.03.2021` `RESPONDENT`	`ISSUE` `TO THE`	`D BY THE 15TH` `MANAGEMENT.`
`EXHIBIT P3(I)` `TRUE COPY`	`OF THE`	`REPLY LETTER DATED`
`22.03.2021` `RESPONDENT`	`ISSUE` `TO THE`	`D BY THE 16TH` `MANAGEMENT.`
`EXHIBIT P3(J)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 17TH` `MANAGEMENT.`
`EXHIBIT P3(K)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 18TH` `MANAGEMENT.`
`EXHIBIT P3(L)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 19TH` `MANAGEMENT.`
`EXHIBIT P3(M)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 20TH` `MANAGEMENT.`
`EXHIBIT P3(N)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 21ST` `MANAGEMENT.`
`EXHIBIT P3(O)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 22ND` `MANAGEMENT.`
`EXHIBIT P3(P)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 23RD` `MANAGEMENT.`
`EXHIBIT P3(Q)` `TRUE COPY` `22.03.2021` `RESPONDENT`	`OF THE` `ISSUE` `TO THE`	`REPLY LETTER DATED` `D BY THE 24TH` `MANAGEMENT.`
`EXHIBIT P3(R)` `TRUE COPY`	`OF THE`	`REPLY LETTER DATED`

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WP(C) NO. 9242 OF 2021

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¶109

22.03.2021 ISSUED BY THE 27TH
RESPONDENT TO THE MANAGEMENT.
EXHIBIT P3(S)TRUE COPY OF THE REPLY LETTER DATED
22.03.2021 ISSUED BY THE 28TH
RESPONDENT TO THE MANAGEMENT.
EXHIBIT P4TRUE COPY OF THE NOTICE DATED
27/03/2021 GIVEN BY THE RESPONDENT
NO.29 TO THE SCHOOL.
EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED
31.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.2 AND THE
ACKNOWLEDGMENT RECEIPT.
EXHIBIT P6TRUE COPY OF THE REPRESENTATION DATED
31.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.3.
EXHIBIT P7TRUE COPY OF THE REPRESENTATION DATED
31.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.4 AND THE
ACKNOWLEDGMENT RECEIPT.

Dr. C.G. Geetha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. C.G. Geetha v. State of Kerala

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

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