IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 997 of 2010()
1. VISHNU.M.G, S/O.MURALEEDHARAN PILLAI.B,
... Petitioner
Vs
1. PRADEEP.K.V, PALLICKAL VEEDU,
... Respondent
2. STATE OF KERALA REPRESENTED
3. THE DIRECTOR, DEPARTMENT OF EDUCATION,
4. THE ASSISTANT EDUCATION OFFICER,
5. THE MANAGER,
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent :SRI.V.JAYAPRADEEP
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
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W.A.No.997 of 2010 - E
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Dated this the 28th day of June, 2010.
J U D G M E N T
Ramachandran Nair, J.
Heard the counsel for the appellant and the counsel
appearing for the contesting respondents.
2. We notice from the judgment and it is after hearing
both sides that the learned Single Judge has sent back the matter
to the AEO for reconsideration. However, the appeal is filed
against the narrow scope of reconsideration retained in the
judgment by the learned Single Judge. Mistakes in paragraphs 2
& 3 of the judgment brought to our notice pertains to the date of
coming into force of Section 51B and the date on which the 1st
respondent in the writ appeal became major. Counsel for the
appellant has brought to our notice a defect in the application
which according to him is fatal in as much as the application was
filed beyond three years from the date on which the 1st
respondent became a major. However, counsel for the 1st
respondent contended that the application is well within the time
in accordance with the norms prescribed by the Government in
W.A.No.997 of 2010 – E ::2::
G.O.(MS)No.15/97/G.Edn. Considering the rival claim of both
sides, we feel that all issues can be left open to the AEO for
reconsideration.
Accordingly, the writ appeal is disposed of vacating the
findings in the judgment but, by directing the AEO to consider all
contentions of the appellant as well as the 1st respondent
independently by referring to Government Orders, Rules and
decisions of this Court. AEO shall decide the matter within one
month from the date of receipt of a copy of this judgment, after
hearing both sides. Parties are free to rely on all Government
Orders, Rules and decisions of this Court.
C.N.RAMACHANDRAN NAIR,
Judge.
HARUN-UL-RASHID,
Judge.
bkn/-