Kerala High Court
WP(C)/42118/2022 of LAKSHMIPRIYA K Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42118 OF 2022 PETITIONER/S: 1 LAKSHMIPRIYA K, AGED 15 YEARS REPRESENTED BY HER FATHER AND GUARDIAN MOHANDAS K, AGED 48 YEARS, KUNJIMUTHAPPAN HOUSE,
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42118 OF 2022
PETITIONER/S:
1LAKSHMIPRIYA K, AGED 15 YEARSREPRESENTED BY HER FATHER AND GUARDIAN MOHANDAS K, AGED48 YEARS, KUNJIMUTHAPPAN HOUSE, PERYAMBALAM, ANDATHODE PO, PIN 679574, THRISSUR DISTRICT, PIN – 679574REPRESENTED BY HER FATHER AND GUARDIAN MOHANDAS K, AGED48 YEARS, KUNJIMUTHAPPAN HOUSE, PERYAMBALAM, ANDATHODE PO, PIN 679574, THRISSUR DISTRICT, PIN – 679574
2DIYA M.J, AGED 14 YEARS, REPRESENTED BY HER FATHER AND GUARDIAN JAGADEESAN MA, AGED 47 YRS, MAYOOR HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566GUARDIAN JAGADEESAN MA, AGED 47 YRS, MAYOOR HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566
3GOPIKA U G, AGED 14 YEARSREPRESENTED BY HER FATHER AND GUARDIAN U.K. GOPALAN, AGED 58 YRS,UNNIYARAMPURAKKAL HOUSE, PO NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566REPRESENTED BY HER FATHER AND GUARDIAN U.K. GOPALAN, AGED 58 YRS,UNNIYARAMPURAKKAL HOUSE, PO NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566
4AISWARYA ALUNGAL, AGED 14 YEARSREPRESENTED BY HER FATHER AND GUARDIAN MADHUSOODANAN, AGED 51 YRS, ALUNGAL HOUSE, THAMBANKADAVU BEACH, TALIKULAM PO. PIN 680569, THRISSUR DT., PIN – 680569REPRESENTED BY HER FATHER AND GUARDIAN MADHUSOODANAN, AGED 51 YRS, ALUNGAL HOUSE, THAMBANKADAVU BEACH, TALIKULAM PO. PIN 680569, THRISSUR DT., PIN – 680569
5MEENAKSHI SOORAJ. K, AGED 13 YEARSREPRESENTED BY HER FATHER AND GUARDIAN SOORAJ, AGED 48YRS, KUNNATHUPURAYIL HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566REPRESENTED BY HER FATHER AND GUARDIAN SOORAJ, AGED 48YRS, KUNNATHUPURAYIL HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566
6SWAPNA KD, AGED 13 YEARS, REPRESENTED BY HER FATHER ANDGUARDIAN DILEEPKUMAR, AGED 48 YRS, KURUMEPADATH HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566GUARDIAN DILEEPKUMAR, AGED 48 YRS, KURUMEPADATH HOUSE, PO. NATTIKA BEACH, PIN 680566, THRISSUR DT, PIN – 680566
7ABHINAVA KA, AGED 13 YEARS, REPRESENTED BY HER FATHER AND GUARDIAN AJAYAKUMAR, KUNNATH HOUSE, PO. NATTIKA BEACH, PIN680566, THRISSUR DT., PIN – 680566AND GUARDIAN AJAYAKUMAR, KUNNATH HOUSE, PO. NATTIKA BEACH, PIN680566, THRISSUR DT., PIN – 680566
BY ADV C.R.REKHESH SHARMA
RESPONDENT/S:
1STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695004REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695004
2DEPUTY DIRECTOR OF EDUCATION, THRISSUR REVENUE DISTRICT, CHAIRMAN, DISTRICT LEVEL APPEAL COMMITTEE AND CONVENOR, KERALA STATE SCHOOL KALOTSAVAM, OFFICE OF THE DDE, CIVIL STATION, COLLECTORATE, AYYANTHOLE, THRISSUR , PIN – 680003DISTRICT, CHAIRMAN, DISTRICT LEVEL APPEAL COMMITTEE AND CONVENOR, KERALA STATE SCHOOL KALOTSAVAM, OFFICE OF THE DDE, CIVIL STATION, COLLECTORATE, AYYANTHOLE, THRISSUR , PIN – 680003
BY SRI.V.S.SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
JUDGMENTDated this the 30th day of December 2022
Petitioners participated in Group Dance competition in the District School Kalolsavam of Thrissur District. The petitionerscould not achieve first prize. The petitioners scored three marksless than the winning team.
2. It is the case of the petitioners that excessive lighting arrangements on the stage have adversely affected theperformance of the petitioners. Other competitors in the sameitem did not had that disadvantage. The petitioners’ school is theonly Government School which participated in the competition,which is Government Fisheries Higher Secondary School.Unless this Court passes interim and final orders in favour of thepetitioners, the petitioners will be put to untold hardship, contendthe petitioners.
3. I have heard the learned counsel for the petitioners and the learned Government Pleader.
4. This Court, in judgment in W.P.(C)No.40794 of 2022 and connected cases, has held that in exercise of powers underArticle 226 of the Constitution of India, this Court cannot resort toa factual adjudication in respect of infrastructure facilities madeavailable in the Kalolsavam. The complaint raised by thepetitioners is a question of fact which cannot be gone into by thisCourt under Article 226 of the Constitution of India.
5. Ext.P9 appellate order would show that the petitioners’grievances were addressed by the Appeal Committee which hasfound that the complaint is not maintainable. In view of theabove, I find no merit in the writ petition.
The writ petition is accordingly dismissed.
Sd/-
N.NAGARESH
JUDGE
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30.12.2022
APPENDIX OF WP(C) 42118/2022