IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 WP(C) NO. 37360 OF 2023 PETITIONER :

N.K. SHAJI, AGED 50 YEARS S/O KRISHNAN KUTTY, NADUPARAMBIL HOUSE, VAKERY POST, KRISHNAGIRY VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN – 673592 BY ADV K.RAKESH RESPONDENTS :-

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, TRIVANDRUM, PIN – 695001

2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, TRIVANDRUM, PIN – 695014

3 THE ASSISTANT EDUCATIONAL OFFICER SULTHAN BATHERY, OFFICE OF AEO, SULTHAN BATHERY POST,WAYANAD DISTRICT, PIN – 673592

4 E.N. SANAKAN AGED 58 YEARS S/O NARAYANAN, ILANHIKKAL HOUSE, POOTHADI AMSOM DESOM, KENICHIRA POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN – 673596 BY ADVS.

Srinath Girish P P.JERIL BABU(K/806/2009)

SMT.NISHA BOSE, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner challenged Ext.P3, contending that it was passed without hearing him. Accordingly, the Government Pleader was directed to get instructions on whether the petitioner was heard before passing Ext.P3 order.

2. The learned Government Pleader, on instructions, submits that Ext.P3 was passed without hearing the petitioner.

In view of the above, I am inclined to allow the writ petition.

Accordingly, Ext.P3 is quashed. There will be a direction to the 3rd respondent to reconsider the matter and pass fresh orders in accordance with law, with notice to the petitioner and also to the 4th respondent within a period of two months from the date of receipt of a copy of this judgment. It is made clear that all contentions of the the parties are left open.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SMA APPENDIX OF WP(C) 37360/2023 PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE JUDGEMENT IN O.S.NO.238/2013 OF THE MUNSIF - MAGISTRATE, SULTHAN BATHERY DATED, 30-3-2023 Exhibit P2 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 7-

7-2023 FILED BY THE PETITIONER AND ONE ANOTHER BEFORE THE SUBORDINATE JUDGE, SULTHAN BATHERY AS A.S.NO.35/2023 Exhibit P3 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 10-10-2023 Exhibit P4 A TRUE COPY OF THE APPEAL AND STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9-11-2023 CHALLENGING EXHIBIT P3