Disposed

R.Sudharman v. State of Kerala

Kerala HC3 Dec 2014WP(C)/6204/2014

Case brief

AI extract

What is this about?

The petitioner, who established a school, challenged the delay in disposal of his representation for amending the Trust scheme. The court disposed of the writ petition without deciding merits, directing the government education department to consider the representation within four months. No statutory provision was debated. This is a one-line order disposing a writ petition.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's representation regarding Trust scheme changes within four months.

R.Sudharman Vs State of Kerala — Education and Admissions | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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WEDNESDAY, THE 3RD DAY OF DECEMBER 2014/12TH AGRAHAYANA, 1936

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WP(C).No. 6204 of 2014 (A)

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PETITIONER(S)/PETITIONER:

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R.SUDHARMAN

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R/A.REGHUMANDIRAM, PEZHUMTHURUTHU, PERUMAN P O KOLLAM DIST, PIN-691601

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BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE

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RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA

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REP BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-PIN-695001

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2. THE DIRECTOR OF PUBLIC INSTRUCTION THYCAUD P O, THIRUVANANTHAPURAM, PIN-695014

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3. THE DEPUTY DIRECTOR (EDUCATION) KOLLAM, KOLLAM DISTRICT, PIN-691009

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4. THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, KOLLAM, KOLLAM DIST PIN-691013

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5. THE ASSISTANT EDUCATIONAL OFFICER KUNDARA, KUNDARA P O, KOLLAM DIST PIN-691501

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6. SRI.R MOHANAN THE PRESIDENT/MANAGER PEZHUMTHURUTH LOWER PRIMARY SCHOOL TRUST PEZHUMTHURUTH, PERUMON P O, KOLLAM DIST PIN-691601

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BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6204 of 2014 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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------------------------------------P1:TRUE COPY OF THE ORDER DTD 4/8/2008 IN IA NO 1622/1997 IN OS NO 177/1992 ON THE FILE OF THE HON'BLE SUB COURT AT KOLLAM

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P2:TRUE COPY OF THE AMENDED SCHEME OF THE PEZHUMTHURUTH SCHOOL TRUST AS ORDERED BY THE HON'BLE SUB COURT, KOLLAM

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P3:TRUE COPY OF THE REPRESENTATION DTD 20/11/2002 FILED BEFORE THE 2ND RESPONDENT

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P4:TRUE COPY OF THE LETTER DTD 27/1/2003 P5:TRUE COPY OF THE LETTER DTD 27/1/2011 P6:TRUE COPY OF THE REPRESENTATION DTD 9/7/2011 FILED BY THE 2ND RESPONDENT

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P7:TRUE COPY OF THE JUDGMENT DTD 24/6/2013 IN WPC NO 12559/2013 OF THIS HON'BEL COURT

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P8:TRUE COPY OF THE COVERING LETTER DTD 29/6/2013 P9:TRUE COPY OF THE AMENDED SCHEME OF PEZHUMTHURUTHU SCHOOL TRUST, FORWARDED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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P10:TRUE COPY OF THE LETTER DTD 17/10/2013 P11:TRUE COPY OF THE HEARING NOTE DTD 26/10/2013 SUBMITTED BY THE PETITIONER

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P12: TRUE COPY OF THE LETTER DTD 7/11/2013 ISSUED BY THE 2ND RESPONDENT

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P13:TRUE COPY OF THE LETTER DTD 15/1/2013 P14:TRUE COPY OF THE LETTER DTD 20/11/2013 P15:TRUE COPY OF THE ORDER NO F4-56695/2013/DPI/K.DIS DTD 22/11/2013 P16:COPY OF THE LETTER DATED 06.03.2013 P17:COPY OF THE LETTER DATED 29.11.2013 P18: COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 25.05.2014

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RESPONDENT(S)' EXHIBITS

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--------------------------------------NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

DAMA SESHADRI NAIDU, J.

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W.P.(C) No. 6204 of 2014

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Dated this the 3^rd day of December, 2014

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J U D G M E N T

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Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to 6, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

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Briefly stated, the residents of Pezhunthuruthu at Kollam District, claims the petitioner established a school on 15.06.1951, to meet the educational needs of the area. In course of time, a Trust has been established. Owing to differences among the members of the Trust, civil proceedings had been initiated by the persons interested in the affairs of the Trust. It appears that in the light of the settlement arrived at among the members of the Trust, a Trust scheme was drawn up on 20^th February, 1994. Later,

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W.P.(C) No. 6204/2014

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-2-

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the petitioner filed I.A. No.1622/1997 in O.S. No.177/1992 on the file of Principal Sub Judge, Kollam, inviting Ext.P1 order, to carryout changes in the Trust scheme.

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After a lot of correspondence, when the

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authorities had refused to carry out necessary changes in the Trust Deed, the petitioner eventually submitted Ext.P18 representation before the 1^st respondent. Complaining of delay in disposal of Ext.P18 representation by the Government, the petitioner filed this Writ Petition.

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In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the 1^st respondent to consider the petitioner's Ext.P18 representation, in accordance with law, keeping in view the direction in Ext.P1 Order by the Civil

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W.P.(C) No. 6204/2014

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-3-

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Court, and pass appropriate orders thereon, as expeditiously

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as possible, at any rate, within a period of four months from

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the date of receipt of a copy of this judgment.

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Sd/-

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DAMA SESHADRI NAIDU, JUDGE

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jjj

R.Sudharman v. State of Kerala

Case brief

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R.Sudharman v. State of Kerala

Case brief

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