Dismissed

Suresh P.T v. the State of Kerala

Kerala HC21 Dec 2020WP(C)/6457/2020

Case brief

AI extract

What is this about?

Petitioner sought direction to take over educational institutions under Kerala Education Act due to lack of approved manager. Court dismissed petition as District Educational Officer had already approved the deceased manager's wife as new manager. Petitioner directed to seek other remedies if dissatisfied.

What did the court decide?

Petition closed with liberty to invoke other available remedies.

Suresh P.T Vs the State of Kerala — Education and Admissions | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.6457 OF 2020(F)

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PETITIONER:

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SURESH P.T AGED 52 YEARS S/O. KUNHIPAITHAL NAIR, SNEHATHEERTHAM P.O. PANNIYANNUR 670 672, VIA CHOKLI, KANNUR DISTRICT.

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BY ADVS. SRI.ZUBAIR PULIKKOOL SRI.P.CHANDRASEKHAR SHRI.SALAHUDEEN MOTTAPARAMBATH

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCTION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 695 001.

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3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR 670 001.

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4 THE DISTRICT EDUCATIONAL OFFICER, THALASSERY 670 101. 5 K.P. DIVAKARAN, AGED 64 YEARS S/O. LATE P.R. KURUP, PRASHANTH POST PANOOR, KANNUR, 670 692.

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OTHER PRESENT:

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SMT. NISHA BOSE - SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6457 OF 2020(F)

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J U D G M E N T

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The petitioner has approached this Court seeking a direction to the 1 st respondent to consider his representation, namely Ext.P10, wherein, he has prayed that the Panoor High School and Higher Secondary School, along with its sister Educational Institutions functioning in the property owned by the Panoor High School Society, be taken over under the provisions of the Kerala Education Act and Rules, since there is no approved Manager for it now.

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2 . On 10.11.2020, when this matter was earlier considered, Smt.Nisha Bose, learned Senior Government Pleader had submitted that the allegations of the petitioner in this writ petition are not correct and that the earlier Manager, namely the fifth respondent, died on 30.03.2020, consequent to which, his wife - the 5 th respondent, has made an application to approve her as the Manager. She had submitted that a decision on her application will be taken at the earliest.

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3 . When this matter was called today, even though Sri.P.Chandrasekhar, learned counsel for the petitioner, reiterated the contentions of his client in support of the afore

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WP(C).No.6457 OF 2020(F)

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prayer, the learned Senior Government Pleader submitted that an order has now been issued by the 4 th respondent - District th - Educational Officer approving the wife of the 5 respondent Smt.P.K.Sarala as a Manager of the School. She therefore, prayed that this writ petition be dismissed.

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4 . It is indubitable that since the DEO has now passed an order dated 18.12.2020, the prayers made by the petitioner are no longer tenable and if he has any dispute with respect to the order now issued, he will have to invoke his remedies, as is available to him in law.

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I therefore, close this writ petition recording the submissions of the learned Senior Government Pleader that, through an order dated 18.12.2020, the wife of the 5 th respondent has been approved as the Manager of the School.

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This writ petition is thus closed; leaving liberty to the petitioner to invoke all other available remedies, as may be available to him, if he is so interested.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.6457 OF 2020(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 1ST AND LAST PAGES OF SECONDARY SCHOOL LEAVE CERTIFICATE OF THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE REGISTERED SALE DEED NO. 2469/1983 DATED 5.10.1953.
EXHIBIT P3	TRUE COPY OF THE REGISTERED SALE DEED NO. 1223/1959 DATED 23.09.1959.
EXHIBIT P4	TRUE COPY OF THE REGISTERED SALE DEED NO. 1498/1961 DATED 2.09.1961.
EXHIBIT P5	TRUE COPY OF THE REGISTERED SALE DEED NO.1497/1967 DATED 23.6.1967.
EXHIBIT P6	TRUE COPY OF THE REGISTERED SALE DEED NO. 1499/1969 DATED 23.6.1967.
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 12.01.2015 ISSUED BY STATE PUBLIC INFORMATION OFFICE, DISTRICT REGISTRAR (GENERAL), KANNUR.
EXHIBIT P8	TRUE COPY OF THE RULES AND REGULATIONS OF PANNUR HIGH SCHOOL SOCIETY HAVING REGISTRATION NO. 61/1977 ISSUED BY DISTRICT REGISTRAR (GENERAL), KANNUR AT THALASSERY DATED 24.12.2014.
EXHIBIT P9	TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN WPC NO. 1199/2019 DATED 14.01.2019.
EXHIBIT P10	TRUE COPY OF THE PETITION DATED 28.07.2019 SENT TO THE 1ST RESPONDENT.

Suresh P.T v. the State of Kerala

Case brief

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Suresh P.T v. the State of Kerala

Case brief

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