IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 29517 of 2009(H) -------------------------- PETITIONER: --------------- TOMY JOSEPH, PHYSICAL EDUCATION TEACHER, THACHINGANADAM HIGH SCHOOL, P.O.THACHINGANADAM, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN SMT.K.S.SABITHA RESPONDENTS: --------------- 1. THE MANAGER, THACHINGANADAM HIGH SCHOOL, P.O.THACHINGANADAM, MALAPPURAM DISTRICT. 2. DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 3. THE HEADMASTER, THACHINGANADAM HIGH SCHOOL, P.O.THACHINGANADAM, MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI. MUHAMOOD FOR R2 SRI.K.M.SATHYANATHA MENON FOR R1 ADV. SRI.K.E.HAMZA FOR R3 SRI.T.V.VIJAYARAJAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009 ALONG WITH WPC NO.33364/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) Nos.29517 & 33364 of 2009 -------------------------- Dated this the 23rd November,2009 J U D G M E N T In W.P(C) No.29517 of 2009, petitioner is the Physical Education Teacher working in the school managed by the 1st respondent. Therein, the main challenge is against the order of suspension Ext.P3. This Court passed an interim order on 6.11.2009 directing the District Educational Officer to take a decision on Ext.R1 (F) within a period of one week from the date of receipt of a copy of the order. 2. Writ Petition No.33364 of 2009 is filed by the Manager, wherein, he is aggrieved by Ext.P22 order passed by the District Educational Officer cancelling the order of suspension and directing reinstatement of the Physical Education Teacher, who is the petitioner in W.P (C) No.29517 of 2009. 3. Today when the matter came up for hearing, learned counsel appearing for the Manager submitted that the Government has passed an order of stay on Ext.P22 in the application for stay filed as per Ext. P23 (a) and W.P ( C) Nos.29517 & 33364 of 2009 2 therefore he may be allowed to withdraw the writ petition. Permission granted and the writ petition is dismissed as withdrawn. 4. Learned counsel for the petitioner in W.P (C) No.29517 of 2009 submitted that the petitioner therein may be granted liberty to move the Government to get the order of stay vacated. It is up to the petitioner to seek appropriate remedies before the Government in the matter. With liberty to do so, the said writ petition is also closed. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) Nos.29517 & 33364 of 2009 3 W.P ( C) Nos.29517 & 33364 of 2009 4