Kerala High Court
A.P.Kunhammad vs State Of Kerala on 18 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
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.27853 OF 2020(F)
PETITIONER:
A.P.KUNHAMMAD
AGED 74 YEARS
S/O.MOIDEEN HAJI,
GENERAL SECRETARY, C.H. MUHAMMED KOYA MEMORIAL
EDUCATION DEVELOPMENT COMMITTEE, CHAKKIAT,
P.O. THILLANKERI, KANNUR DISTRICT, RESIDING AT
CHIKKIAT HOUSE, KAVUMPADI, THILLANKERI P.O.,
KANNUR DISTRICT-670702.
BY ADVS.
SRI.M.SASINDRAN
SRI.V.VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE ADDITIONAL DIRECTOR (GENERAL) OF GENERAL
EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY, KANNUR-670001.
4 T. MAJEED,
AGED 58 YEARS, S/O. KUNHAMBU HAJI, BAITH UL FALAH,
THILAKERI P.O., IRITTY TALUK, KANNUR DISTRICT-670702.
SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27853 OF 2020 2
JUDGMENT
The petitioner has approached this Court seeking that Ext.P5 and P5(a), which are the statutory Revision and Stay Petition filed against Ext.P4 order, be directed to be taken up and disposed of by the competent Secretary of the Government at the earliest.
2. The learned counsel for the petitioner - Shri.M.Sasindran, alleges that the appointment of the 4th respondent as the Manager of the School has been ordered by the competent Educational Authority without any justifiable reason and particularly when the General Body of the Corporate Educational Society has not taken any decision to such effect. He, therefore, prays that until Exts.P5 and P5(a)are disposed of, further action pursuant to Ext.P4 be interdicted.
3. In response, the learned Senior Government Pleader - Smt.Nisha Bose, submitted that there is no legal impediment in Exts.P5 and P5(a) being taken up and disposed of; but WP(C).No.27853 OF 2020 3 prayed that this Court may not make any affirmative declaration as to the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law.
4. Even when I hear the learned Senior Government Pleader on the afore lines, the fact remains that the petitioner has filed Exts.P5 and P5(a) against Ext.P4 and obviously, therefore, any delay in disposal of at least the Stay Petition would cause irreparable prejudice to the petitioner.
In the afore circumstances, I order this writ petition and direct the competent Secretary of the Government of Kerala to take up Ext.P5(a) stay application and take a decision thereon, within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 4th respondent - either physically or through video conferencing, until which time further WP(C).No.27853 OF 2020 4 action pursuant to Ext.P4 will stand deferred.
Needles to say, after Ext.P5(a) is so disposed of, the competent Authority will take up Ext.P5 statutory Revision and issue orders thereon, after following due procedure, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/21.12.2020 WP(C).No.27853 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BYELAW APPROVED BY THE EDUCATIONAL AUTHORITY DATED 08/08/2012. EXHIBIT P2 A TRUE COPY OF THE ORDER NO. B6/6627/10 DATED 11/09/2012.
EXHIBIT P3 A TRUE COPY OF THE ORDER NO.
B43/6987/19/K.DIS. DATED 30/07/2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3(A) A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 27/11/2020 VIDE ORDER NO.EM4/9002/2020/DGE/K.DIS. EXHIBIT P5 TRUE COPY OF THE REVISION FILED BY THE PETITIONER.
EXHIBIT P5(A) A TRUE COPY OF THE STAY PETITION. RESPONDENT'S/S EXHIBITS:
NIL MC (TRUE COPY) PA TO JUDGE