High Court of KeralaWP(C)/18286/2015closed

Vijayalakshmi.C.H v. State Of Kerala

2015-07-17Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 WP(C).No. 18286 of 2015 (I) -------------------------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ VIJAYALAKSHMI.C.H, AGED 63 YEARS W/O.LATE C.H.BALAKRISHNAN NAMBIAR, CHENAL HOUSE BAKKALAM POST, KANOOL, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.S.SHYAM KUMAR RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, DEPARTMENT OF GENERAL EDUCATION REPRESENTED BY ITS SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR-670 001.

R1 BY ADV. GOVERNMENT PLEADER, SMT. SOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18286 of 2015 (I) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE LEGAL HEIRS CERTIFICATE EXT.P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.14188 OF 2002 DATED 27.5.2010 EXT.P3 A TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER EXT.P4 A TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DATED 21.11.2014 EXT.P5 A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE TEH 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- ANNEXURE R1(a) TRUE COPY OF THE ORDER DATED 31.12.2010 (GO (RT) 5815/2010/GEN.EDN.) // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 18286 of 2015 ===================================================== Dated this the 17th day of July, 2015

JUDGMENT

The petitioner, who is the wife and legal heir of late C.H.Balakrishnan Nambiar, who expired on 31.12.2014, approached this Court through the present writ petition seeking a direction to the respondents to consider and pass orders on a revision petition, that was filed by the late husband of the petitioner before the 1st respondent. In the writ petition, it was the contention of the petitioner that, although there was a hearing conducted before the 1st respondent on 17.11.2014, no orders were passed by the 1st respondent in the revision petition. In a statement filed on behalf of the 1st respondent, it is averred that the 1st respondent had considered the revision petition and disposed the matter by Annexure R1(a) order dated 30.12.2010. It is stated that, it was without noticing the said order that the writ petitioner had preferred Ext.

P3 representation before the 1st respondent and the 1st respondent conducted a hearing pursuant thereto, to consider the contentions of the writ petitioner.

-2W.P.(C). No. 18286 of 2015 necessary for the petitioner to challenge the said order in fresh proceedings for seeking any relief. Taking note of the submission, the writ petition is closed as infructuous, without prejudice to the right of the petitioner to agitate her grievance against Annexure R1(a) order before an appropriate forum.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das