Disposed

The Sankara U.P School,Alangad v. the State of Kerala

Kerala HC9 Jul 2021WP(C)/13705/2021

Case brief

AI extract

What is this about?

The Court issued a direction to the Government to consider a pending appeal regarding the change of ownership and management of an aided school. The petitioner was ordered to submit a declaration of the deceased owner's legal heirs, and the Government was directed to hear all concerned within three months.

What did the court decide?

Direction to the Government to consider Ext.P13 petition within three months, after hearing all concerned and receiving a declaration of legal heirs from the petitioner.

The Sankara U.P School,Alangad Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 9^TH DAY OF JULY 2021 / 18TH ASHADHA, 1943

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WP(C) NO. 13705 OF 2021

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PETITIONER:

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THE SANKARA U.P SCHOOL,ALANGAD (MUTTITHADI), CHERPU, THRISSUR DISTRICT 680 317, REPRESENTED BY ITS MANAGER.

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BY ADV V.A.MUHAMMED

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.

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3 THE ASSISTANT EDUCATIONAL OFFICER, CHERUPU, THRISSUR DISTRICT 680 561.

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SMT. NISHA BOSE- SR. G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13705 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) call for the records relating to Exhibit P7 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2^nd respondent to grant approval to the change of ownership and management of the school in the name of the petitioner forthwith.

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(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1^st respondent to consider and pass appropriate orders upon Exhibit P13 after affording an opportunity of being heard to the petitioner within a time limit, pending disposal of the writ petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner is the son of Smt.Narayani Amma, who was the owner of an aided school. The petitioner had been appointed as Manager of the school and the said appointment stood approved. The petitioner’s mother passed away on 14.09.2014. Prior to that, in the year 2013, the petitioner’s mother had executed a settlement deed settling the property in favour of the petitioner. It

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WP(C) NO. 13705 OF 2021

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is submitted that on the basis of the same, the petitioner had submitted requests for registering the transfer of ownership in the petitioner’s name. However, the same was rejected by Ext.P7 on the ground that no previous sanction had been sought for from the Department for a transfer of the school to the petitioner. The learned counsel for the petitioner submits that Ext.P1 is only a family settlement deed and since the petitioner is succeeding to the property of his mother, no previous permission is required.

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The learned Government Pleader submits that it is not known whether the deceased Narayani Amma had any other legal heirs and whether there are any other persons entitled to claim succession to the property.

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The learned counsel for the petitioner submits that the petitioner has approached the Government with Ext.P13 appeal against the order of the Director and that the same is liable to be considered in accordance with law.

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Having heard the learned Government Pleader also, there will be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P13 appeal preferred by the petitioner with

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WP(C) NO. 13705 OF 2021

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notice to all concerned, including the petitioner and after hearing them through any appropriate means, including by video conferencing. The Government shall call for a report from the Assistant Educational Officer and consider the same. The petitioner shall submit a declaration before the Government with regard to the legal heirs of the deceased owner of the property. Orders shall be passed within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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SVP

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WP(C) NO. 13705 OF 2021

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APPENDIX OF WP(C) 13705/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE SETTLEMENT DEED DATED 23.05.2013.
Exhibit P2	TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER DATED 27.09.2014.
Exhibit P3	TRUE COPY OF THE ORDER NO. C/2418/99 DATED 08.07.1999 OF THE AEO.
Exhibit P4	TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 18.9.2019.
Exhibit P5	TRUE COPY OF THE COVERING LETTER N. C/1376/2020 DATED 13.11.2020 OF THE AEO.
Exhibit P6	TRUE COPY OF THE TAX RECEIPT DATED 24.08.2017.
Exhibit P7	TRUE COPY OF THE ORDER NO. F2/3133/2020/DGE/K.DIS. DATED 12.04.2021 OF THE ADDITIONAL DIRECTOR (ACADEMIC) ATTACHED TO THE OFFICE OF THE DIRECTOR.
Exhibit P8	TRUE COPY OF THE DECISION REPORTED IN 1986 KLT 919 DECIDED ON 29.05.1986.
Exhibit P9	TRUE COPY OF THE DECISION REPORTED IN 1992 (1) KLT SN 18 DECIED ON 03.12.1991.
Exhibit P10	TRUE COPY OF THE 1993 (2) KLT SN 33 DECIDED ON 28.09.1993.
Exhibit P11	TRUE COPY OF THE LETTER NO. 63167/F2/10/G.EDN DATED 26.07.2011 OF THE GOVT.
Exhibit P12	TRUE COPY OF THE DECISION REPORTED IN

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WP(C) NO. 13705 OF 2021

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2011 (1) KLT 150 DECIDED ON 10TH NOVEMBER 2010.

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Exhibit P13

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TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE GOVERNMENT DATED 31.05.2020. (WITHOUT EXHIBIT).

The Sankara U.P School,Alangad v. the State of Kerala

Case brief

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The Sankara U.P School,Alangad v. the State of Kerala

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