High Court Kerala High Court

Sri.Thomas Joseph vs State Of Kerala on 18 December, 2006

Kerala High Court
Sri.Thomas Joseph vs State Of Kerala on 18 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27252 of 2003(T)


1. SRI.THOMAS JOSEPH, S/O.LATE
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE PRINCIPAL
                       ...       Respondent

2. DIRECTOR OF COLLEGIATE EDUCATION,

3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,

4. MAHATMA GANDHI UNIVERSITY (MGU)

5. MANAGER,

6. REV.SR.K.M.LEELAMMA,

                For Petitioner  :SRI.C.P.SUDHAKARA PRASAD (SR.)

                For Respondent  :SRI.BABY ISSAC ILLICKAL

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :18/12/2006

 O R D E R
                                 KURIAN JOSEPH, J.

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                          W.P.(C) No.27252 of 2003

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

                        Dated 18th    December,  2006.

                                    J U D G M E N T

The writ petition is filed mainly with the following

prayers :-

(i) “To issue a declaration that the impugned actions as per

Exts.P10 and P11 are ultravires, illegal, null and void and is liable

to be interfered with by this Hon’ble Court and to call for the

records leading to Exts.P10 and P11 and to issue an appropriate

writ, order or direction, quashing the same;

(ii) To issue a writ of mandamus or any other appropriate writ,

order or direction, commanding respondents 1 to 5 to allow the

petitioner to continue as the Head of the Department of English of

the College and to further direct them not to enforce Exts.P10

and P11 in any manner.”

It is submitted that during the pendency of the writ petition, the

6th respondent has been promoted as Principal and in any case,

the petitioner has thereafter to be appointed as Principal, being

the seniormost. In case the petitioner has still any grievance left,

it will be open to him to point out the same before the 4th

respondent, in which case, the matter will be duly considered with

notice to the petitioner and the 5th respondent and appropriate

action in accordance with law will be taken, within another four

months.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

OP NO. 2

tgs

KURIAN JOSEPH, J

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O.P.No. of 2002

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J U D G M E N T

Dated 18th December, 2006.