The Court directed the Government respondents to complete all procedural formalities without relying on petitioner-supplied documents and physically take over the Lower Primary School owned by the petitioner within one month from the date of the judgment.
Respondents directed to complete all procedural formalities and take over the school within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
WP(C).No. 10039 of 2016 (D)
PETITIONER :
A.V.VASANTHA, MANAGER,
KIZHINHANIYAM A.L.P. SCHOOL, KONNAYULLA KANDIYIL HOUSE, NHANIYATH THERU, PERAMBRA P.O, KOZHIKODE -673 525.
BY ADV. SRI.BASANT BALAJI
RESPONDENT(S):
1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001
2. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM -695 001
BY SR GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 10039 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.AJITHKUMAR OF NIRMALA HOSPITAL CALICUT DATED 19/12/2015
EXHIBIT P2 COPY OF THE APPLICATION SUBMITTED BY TEH PETITIONER TO THE 3RD RESPONDENT DATED 28/3/2015
EXHIBIT P3 COPY OF THE ACKNOWLEDGMENT CARD
EXHIBIT P4 COPY OF THE REMINDER DATED 21/5/2015 SENT BY THE PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P5 COPY OF THE LETTER OF THE SUPERINTENDENT OF POST VADAKARA DATED 29/6/2015
RESPONDENT(S)' EXHIBITS AND ANNEXURES:
ANNEXURE R1(A) COPY OF THE LETTER NO.D679/17 DATED 7/2/2017
ANNEXURE R1(B) COPY OF THE GO(MS) NO.159/EDN DATED 10/04/1967.
/TRUE COPY/
P.A.TO JUDGE
sts
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = W.P.(C).Nos.10039 of 2016
= = = = = = = = = = = = = = = Dated this the 14th day of December, 2017
JUDGMENT
W.P.(C).Nos.10039/16
2
Writ petition is ordered accordingly.
Sd/- Anu Sivaraman, Judge
sj14/12
2 issues framed by the court
Whether the petitioner is entitled to a directive for immediate takeover of the school at the earliest.
Whether the requirement for the petitioner to produce documents justifies the delay in school takeover.
1 provisions across 1 enactments
A.V.Vasantha
State of Kerala
The Secretary, General Education Department
The Director of Public Instructions
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
