High Court of KeralaWP(C)/23748/2012disposed of

N.Natarajan v. The District Educational Officer

2015-03-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 23748 of 2012 (P) ---------------------------- PETITIONER :

----------------------- N.NATARAJAN, S/O.LATE NARAYANA IYER, RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN- 683 544.

BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD SRI.K.A.ANAS RESPONDENT(S):

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

1. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT.

2. KASTHOORIRANGAN, S/O.LATE VISWANATHA IYER, RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, NOW RESIDING IN UNITED STATES OF AMERICA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER K.MANGALAMBAL, RESIDING AT THEKKE PUTHIYEDATH MADOM, KOOVAPPADY KARA, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN -683 544.

3. T.JAWAHAR, S/O.LATE RAMANATHAN, RESIDING AT RUGMANI MANDIRAM, G.K.ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN- 683 542.

4. SREEJA C.RAGHAVAN, RESIDING AT THEKKUMKUDY HOUSE, PLAMUDY P.O., KOLLAPPADY, KOTTAYAM-686 692.

R1 BY SR GOVERNMENT PLEADER SRI.S.JAMAL R2 BY SMT.V.P.SEEMANDINI,SENIOR ADVOCATE R2 & R3 BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD R4 BY ADV. SRI.K.S.ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.23748/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1.

TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, ERNAKULAM DATED 17.1.1974. EXHIBIT-P2.

TRUE COPY OF THE ORDER IN W.A.NO.1565/2011 ON THE FILE OF THE HONOURABLE COURT DATED 14.6.2012.

EXHIBIT-P3.

TRUE COPY OF THE ORDER IN I.A.NO.883/2012 IN A.S.NO.72/2009 ON THE FILE OF THE SUB COURT, PERUMBAVOOR DATED 14.6.2012. EXHIBIT-P4.

TRUE COPYF OF THE OBJECTIONS FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.10.2012.

EXHIBIT-P5.

TRUE COPY OF THE ORDER NO.B1/5443/13/K.DIS ISSUED BY THE 1ST RESPONDENT DATED 2/7/2013.

EXHIBIT-P6.

TRUE COPY OF THE ADDITIONAL ARGUMENT NOTES SUBMITTED BY THE PETITIONER DATED 25/6/2014 RESPONDENTS' EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE ORDER BI-4401/01/D.DIS DATED 01/2/2002 OF THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT R2(B) TRUE COPY OF THE INTERIM ORDER IN WPC.NO.28041/2012-E DATED 26/11/2012 EXHIBIT R2(C) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 28/11/2012 EXHIBIT R2(D) TRUE COPY OF THE MEMO FILED BY THE GOVERNMENT PLEADER ALONG WITH THE REPORT OF THE DISTRICT EDUCATIONAL OFFICER DATED 3/12/2012 EXHIBIT R2(E) TRUE COPY OF THE JUDGMENT IN W.A.NO.1630/2011 IN WP(C). NO.19196/2010 DATED 3/8/2012 EXHIBIT R2(F) TRUE COPY OF THE APPOINTMENT ORDER OF SMT. SREEJA. C. RAGHAVAN DATED 6/8/2012.

EXHIBIT R2(G) TRUE COPY OF THE DEED DATED 20/12/1990 AT SUB REGISTRY, PERUMBAVOOR /TRUE COPY/ P.A.TO.JUDGE sts

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.23748 of 2012 ***************************************************** Dated this the 9th day of March, 2015

JUDGMENT

This writ petition is filed challenging the proposal of approval to be given for the appointment of the fourth respondent. It is submitted that the District Educational Officer rejected the approval of the appointment of the fourth respondent and the appointee has approached higher authorities challenging the decision.

Therefore, leaving open the issues, this writ petition is disposed of as the petitioner has no cause of action in praesenti. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln