T.C.Abraham v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 ---------------------------- PETITIONER:

------------------ T.C.ABRAHAM, AGED 79 YEARS S/O.LATE T.V.CHACKO, THANNICKAL HOUSE, PODIPARA ERAVIPEROOR P.O, THIRUVALLA - 689 542 PATHANAMTHITA (MANAGER (PROVISIONALY APPROVED) ST. JOHNS EDUCATIONAL AGENCY ERAVIPEROOR, THIRUVALLA).

BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

3. DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) PATHANAMTHITTA AT THIRUVALLA - 689 101.

4. DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THIRUVALLA - 689 101.

BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXHIBIT P1 - COPY OF THE CONSTITUTION/BYELAWS OF ST.JOHNS EDUCATIONAL AGENCY PRESENTLY PENDING APPROVAL. EXHIBIT P1(A) - COPY OF THE COMMUNICATION DATED 15.07.2010 ISSUED BY RESPONDENT NO.2 TO RESPONDENT NO.4.

EXHIBIT P2 - COPY OF THE PROCEEDINGS DATED 15.04.2011 SUBMITTED BY SRI.K.V.OOMMEN, FORMER MANAGER OF THE SCHOOLS. EXHIBIT P3 - COPY OF THE MINUTES OF THE BOARD MEETING DATED 15.04.2011.

EXHIBIT P4 - COPY OF THE REQUEST BEFORE RESPONDENT NO.4 DATED 15.12.2011.

EXHIBIT P4(A) - COPY OF THE APPLICATION SUBMITTED ALONG WITH EXHIBIT P4.

EXHIBIT P5 - COPY OF THE COMMUNICATION DATED 09.02.2012 OF RESPONDENT NO.4.

EXHIBIT P6 - COPY OF THE REQUEST DATED 22.06.2012 SUBMITTED BY PETITIONER BEFORE RESPONDENT NO.2.

EXHIBIT P7 - COPY OF THE ORDER DATED 03.12.2012 ISSUED BY RESPONDENT NO.4.

EXHIBIT P8 - COPY OF THE JUDGMENT DATED 19.02.2013 PASSED BY THIS COURT IN WPCNO. 4729/13.

EXHIBIT P9 - COPY OF THE ORDER BEARING NO.ET3/34596/13/DPI/K.DIS DATED 24.06.2013 PASSED BY RESPONDENT NO.2.

EXHIBIT P10 - COPY OF THE REPRESENTATION DATED 30.04.2014 SUBMITTED BY THE SECRETARY, MANAGING BOARD OF ST.JOHNS EDUCATIONAL AGENCY, THIRUVALLA BEFORE RESPONDENT NO.4.

EXHIBIT P11 - COPY OF THE ORDER DATED 10.07.2014 PASSED BY RESPONDENT NO.4.

EXHIBIT P12 - COPY OF THE APPEAL DATED 22.09.2014 (EXCLUDING ANNEXURES) SUBMITTED BEFORE RESPONDENT NO.2 AGAINST EXHIBIT P12 ORDER.

EXHIBIT P13 - COPY OF THE REPRESENTATION DATED 24.05.2015 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. [CONTD....]

EXHIBIT P14 - COPY OF THE JUDGMENT DATED 24.06.2015 PASSED BY THIS COURT IN WPC NO.19003/15 (A).

EXHIBIT P15 - COPY OF THE ORDER BEARING NO.ET(3)/57513/2015/DPI/K.DIS DATED 10.09.2015 PASSED BY RESPONDENT NO.2.

EXHIBIT P16 - COPY OF THE CIRCULAR DATED 10.04.2012 ISSUED BY RESPONDENT NO.1.

EXHIBIT P17 - COPY OF THE STATUTORY REVISION PETITION SUBMITTED BY THE PETITIONER UNDER RULE 4(4) CHAPTER III KER BEFORE RESPONDENT NO.1.

RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.32356 of 2015 --------------------------------------- Dated this the 26th day of October, 2015.

JUDGMENT

The petitioner is aggrieved with the non-consideration of Ext.P17 statutory revision petition dated 12.10.2015 filed before the first respondent. The prayer of the petitioner is to direct the first respondent to pass appropriate orders on Ext.P17 within a reasonable time.

In such circumstances, there will be a direction to the first respondent to consider and pass appropriate orders on Ext.P17 revision petition as expeditiously as possible and after hearing to the petitioner, at any rate, within three months from the date of receipt of a certified copy of this judgment. It is made clear that, this Court has not made any observation on merits, which the first respondent will consider in accordance with law. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE //True Copy// P.A. to Judge.

sp/26/10/15