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M.Muneer Minor vs State Of Kerala

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

The petitioner while studying in the 7th standard was suspended from attending the school on account of certain allegations relating to theft of certain books in the school under respondents 4 and 3. On account of such allegations, he had to join another school and for this purpose, he submitted an application for transfer certificate. When the transfer certificate was not issued, he approached this Court and this Court by Ext.P2 judgment in W.P(c) No.31370 of 2006 directed the Assistant Educational Officer, Kayamkulam, to conduct an enquiry in the matter and to take a decision in terms of Rule 20 of Chapter VI KER. A sum of Rs.3,360/- representing the value of the missing books was accordingly to be remitted with the Manager as the condition for consideration of the appeal, as demanded by the Manager. 2. The petitioner approached this Court in W.A No.150 of 2007 and this Court permitted the petitioner to deposit the W.P(c) No.26011 of 2007-V 2 sum of Rs.3,360/- with the 2nd respondent – The Assistant Educational Officer, Kayamkulam, and it was made clear that payment to the Manager of the school shall depend upon the final decision of the A.E.O. Thereafter in the enquiry conducted by the A.E.O, proceedings of which is produced as Ext.P6, the petitioner was not found involved in the theft of the books from the school library. The A.E.O also found that the sum remitted -Rs.3,360/- with him was not liable to be paid to the Manager, in view of the decision arrived at in the enquiry.
2. The petitioner approached this Court in this Writ Petition aggrieved by the non payment of the amount remitted by him, in terms of the judgment in the Writ Appeal. Even though this Writ Petition was filed with the sole prayer for a direction to the 2nd respondent to release the amount, in terms of the judgment in the Writ Appeal, no action is so far taken by the A.E.O.
3. Today when the matter came up, the learned Government Pleader submitted that the amount is not released to the petitioner so far and the same shall be released, on direction from this Court.
Therefore, this Writ Petition is disposed of directing the 2nd W.P(c) No.26011 of 2007-V 3 respondent to pay the sum of Rs.3,360/- (Rupees Three thousand three hundred and sixty only) remitted in the office of the A.E.O as evidenced by Ext.P4 to the petitioner within a period of two weeks.
The Writ Petition is disposed of accordingly.
rtr/ Sd/-
(P.V.ASHA, JUDGE)
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Title

M.Muneer Minor vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • P V Asha
Advocates
  • Sri
  • A R Dileep
  • Smt Kavitha Gangadharan