Silsi Bai v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 WP(C).No. 28891 of 2015 (J) ---------------------------- PETITIONER(S):

----------------------- SILSI BAI, AGED 53 YEARS W/O.DEVADAS SAM, HEADMISTRESS, LMS LPS KUTTANINNATHIL NEYYATINKARA SUB DISTRICT, NEYYATTINKARA TALUK RESIDING AT NESSAM COTTAGE, PARANIYAM, POOVAR P.O. THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.G.SUDHEER RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKUNNU THIRUVANANTHAPURAM-695001.

2. DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM-695001.

3. ASSISTANT EDUCATIONAL OFFICER NEYYATTINKARA-695121.

4. ASSISTANT EDUCATIONAL OFFICER CHANTHANNOOR-690001.

5. THE MANAGER LMS CORPORATE MANAGEMENT BOARD FOR HUMAN RESOURCE DEVELOPMENT BOARD LMS COMPOUND, THIRUVANANTHAPURAM-695001.

6. M.L.SUBI HEADMISTRESS, LMS LPS, KUREEPALLY KOLLAM DISTRICT-690001.

Addl.7. THE DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF DPI, THIRUVANANTHAPURAM.

(ADDL.R7 IS IMPLEADED AS PER ORDER DATED 04.11.2015 IN IA 16055/15) R5 BY ADV. SRI.SUMAN CHAKRAVARTHY R5 BY ADV. SMT.BREJITHA UNNIKRISHNAN R6 BY ADV. SRI.ARUN CHANDRAN R BY GOVERNMENT PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28891 of 2015 (J) APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF THE ORDER NO. B/401(16)/2015/CM DATED 18.09.2015 ISSUED BY THE CORPORATE MANAGER OF LMS SCHOOL,THIRUVANANTHAPURAM EXT.P2 COPY OF REQUEST DATED 21.9.15 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P3 COPY OF THE PROCEEDINGS NO. M1/24/19/2015 DATED 16.4.15 ISSUED BY THE CHURCH OF SOUTH INDIA EXT.P4 COPY OF ORDER NO. 597/2015/SEC DATED 21.9.15 ISSUED BY THE STATE ELECTION COMMISSION, KERALA EXT.P5 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM RESPONDENTS EXHIBITS:

EXT.R5(A) COPY OF THE JOINING REPORT DTD. 1.10.15 EXT.R5(B) COPY OF THE PROCEEDINGS DTD. 19.12.14 EXT.R6(A) COPY OF THE REQUEST SUBMITTED BY THE 6TH RESPONDENT TO THE CORPORATE MANAGER DATED 20.08.2015.

// TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.28891 of 2015 - J ====================== Dated this the 4th day of November, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of Ext P5 appeal filed before the additional 7th respondent. The appeal is filed on 28.10.2015.

2. In such circumstance, the additional 7th respondent definitely will have to look at the appeal filed before it and consider the same in accordance with law, after affording an opportunity of hearing, at any rate within a period of six months from the date of receipt of a certified copy of this judgment. It is made clear that before passing orders, the additional 7th respondent shall hear all the affected parties. It is made clear that this Court has not made any observations on merits, which the additional 7th respondent will consider, in accordance with law.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB/06/11/2015 // true copy // P.A to Judge.