Kerala High Court
Muhammad.T.V vs State Of Kerala on 3 April, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941
WP(C).No. 10484 of 2019
PETITIONER/S:
MUHAMMAD.T.V.,
AGED 53 YEARS
MANAGER, MUTHUVADATHUR MUP SCHOOL, P.O.KUNINGAD,
PURAMERI, KOZHIKODE DISTRICT-673 503
BY ADV. SRI.K.B.GANGESH
RESPONDENT/S:
1 STATE OF KERALA
REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHI, THIRUVANANTHAPURAM-695 014
3 ADDITIONAL DIRECTOR (ACADEMIC)
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM-695 014
4 ASSISTANT EDUCATIONAL OFFICER,
CHOMBALA, KOZHIKODE DISTRICT-673 309
5 HAMEED, EDAKUDI HOUSE, PURAMERI, P.O., MUTHUVADATHUR,
KOZHIKODE DISTRICT-673 503
6 KUNHAYISA, CHERUVATHA HOUSE, KATAMERI, VATAKARA,
KOZHIKODE DISTRICT-673 542
7 KADEEJA,
MAYAMKULATH HOUSE, P.O.MANIYOOR, MANTHARATHUR,
VATAKARA, KOZHIKODE DISTRICT-673 542
8 HASSAN,
PARAMBATH HOUSE, KUNINGAD P.O., VATAKARA,KOZHIKODE
DISTRICT-673 503
9 MUHAMMED ALI,
WP(C).No. 10484 of 2019
2
THERAYAMVALLI HOUSE, KUNINGAD P.O.,
VATAKARA,KOZHIKODE DISTRICT-673 503
10 ABDUL KHADER,
THERAYAMVALLI HOUSE, KUNINGAD P.O., VATAKARA,
KOZHIKODE DISTRICT-673 503
11 KUNHAMMED KUTTY,
PARAMMEL HOUSE, P.O.NADAKKUTHAZHA, VATAKARA,
KOZHIKODE DISTRICT-673 104
12 KUNHALI,
EDAKUDI HOUSE, PURAMERI, MUTHUVADATHUR, KOZHIKODE
DISTRICT-673 503
OTHER PRESENT:
SRI.V.A.MUHAMMED FOR R12,
SMT.G.RANJITA ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10484 of 2019
3
J U D G M E N T
In respect of the question of Managership, the DPI has passed Ext.P6 order. Aggrieved by the same the petitioner has submitted Ext.P7 revision petition before the Government along with a stay petition.
2. Learned counsel Shri V.A. Muhammed entered appearance for the 12th respondent.
However, since a statutory revision petition is preferred by the petitioner before the Government, the writ petition is disposed of, directing the first respondent to consider and pass orders on Ext.P7 revision petition, after affording an opportunity of hearing to the petitioner as well as respondents 5 to 12 and any other affected parties, within a period of 'three months' from the date of receipt of a copy of the judgment.
In the meanwhile, the first respondent shall also consider Ext.P7(a) stay petition, within a period of WP(C).No. 10484 of 2019 4 'three weeks' from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No. 10484 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPROVAL ORDER ISSUED BY TH 4TH RESPONDENT DATED 16.08.2018.
EXHIBIT P2 A TRUE COPY OF THE PLAINT IN OS NO.146/2017 FILED BEFORE THE MUNSIFF COURT, NADAPURAM EXHIBIT P3 A TRUE COPY OF THE JOINTED WRITTEN STATEMENT FILED BY DEFENDANTS 1 TO 5 AND 7 EXHIBIT P4 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR,VADAKARA EXHIBIT P5 A TRUE COPY OF THE SCHEME FRAMED FOR THE ADMINISTRATION OF MUTHUVADATHUR MUP SCHOOL EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 28.02.2019 EXHIBIT P7 TRUE COPY OF THE REVISION EXCLUDING ENCLOSURES FILED BEFORE THE 1ST RESPONDENT DATED 27.03.2019 EXHIBIT P7 A TRUE COPY OF THE STAY PETITION DATED 27.03.2019