High Court of KeralaWP(C)/27448/2005closed

Shiju Varghese v. State Of Kerala

2015-09-29Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 27448 of 2005 (P) ---------------------------- PETITIONER :

--------------------- SHIJU VARGHESE, S/O. LATE K.M.VARGHESE (PROVIOUSLY CLERK S.M.H.S. AYALUR), KOCHUPURAKKAL HOUSE N.S.S.COLLEGE P.O., NEMMARA, PALAKKAD DISTRICT PIN-678 508.

BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S) :

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD.

4. THE MANAGER, S.M. HIGH SCHOOL, AYALUR, 163 PANAMPILLY NAGAR, COCHIN-36.

R1 TO R3 BY SR. GOVT. PLEADER SRI. K.K. SAIDALAVI R4 BY ADVS. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27448 of 2005 (P) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF DEATH CERTIFICATE OF THE PETITIONER'S FATHER. EXT.P2 COPY OF THE PETITIONER'S APPLICATION DATED 20.7.2004 BEFORE THE 4TH RESPONDENT.

EXT.P3 COPY OF THE LETTER DATED 7.8.2004 OF THE MANAGER, S.M.H.S. TO THE PETITIONER.

EXT.P4 COPY OF THE COMPLAINT DATED 2.9.2004 OF THE PETITIONER BEFORE THE D.E.O., PALAKKAD.

EXT.P5 COPY OF THE G.O. DATED 16.8.1999.

EXT.P6 COPY OF THE ORDER DATED 27.9.1999 OF THE 3RD RESPONDENT. EXT.P7 COPY OF LETTER DATED 3.3.2000 FROM 3RD RESPONDENT TO 2ND RESPONDENT.

EXT.P8 COPY OF THE JUDGMENT IN WP(C) NO. 32159/2004 DATED 3.11.2004. EXT.P9 COPY OF THE ORDER OF D.E.O. DATED 25.2.2005.

EXT.P10 COPY OF THE REQUEST FROM PETITIONER TO D.E.O., PALAKKAD DATED 6.6.2005.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 27448 of 2005 -------------------------------------------------- Dated this the 29th day of September, 2015

J U D G M E N T

The petitioner has approached this Court alleging that though, vide Ext.P9, the 3rd respondent upheld the right of the petitioner for appointment under 51B in the school of the 4th respondent on the death of the petitioner's father on 14.03.2004, the 4th respondent did not take any action as has been directed in Ext.P9. 2.

Today, when the matter came up for hearing, the learned counsel for the 4th respondent made available to me a copy of the proceedings No.A2.04/08 dated 11.08.2008, issued by the Tahsildar, which indicates that the petitioner has been appointed as Villageman at Vadakkancherri-1.

The learned counsel for the petitioner submits that there is no response from the petitioner in spite of the registered letter sent by the learned counsel.

W.P.(C) No. 27448 of 2005 ..2..

Presumably, the petitioner may not be interested in proceeding with the writ petition as he has already been appointed as Villageman. Therefore, the writ petition is closed without examining the merits.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-