Allowed

P.M.Janardhanan v. the Director of General Education

Kerala HC9 Jul 2021WP(C)/7932/2021

Case brief

AI extract

What is this about?

High Court directed the Director of General Education to consider the petitioners' application for change of management of Parassanikadavu High School with notice to interested parties within three months, despite pending civil disputes, while future appointments remain subject to this order. The writ petition for change of management was allowed on these terms.

What did the court decide?

Direction to the 1st respondent to consider Exhibit P7 and pass orders within three months after notice to all parties, keeping future appointments subject to such orders.

P.M.Janardhanan Vs the Director of General Education — Service and Employment | 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. 7932 OF 2021

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PETITIONERS:

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1 P.M.JANARDHANAN AGED 77 YEARS PARASSINI MADAPPURA, PARASSINIKADAVU P.O, KANNUR DISTRICT, PIN-670 563

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2 LALITHA E, PARASSINI MADAPPURA, PARASSINIKADAVU P.O, KANNUR DISTRICT, PIN-670 563 3 LISHA P.M, PARASSINI MADAPPURA, PARASSINIKKADAVU P.O, KANNUR DISTRICT, PIN-670 563 4 ANEESH P.M, PARASSINI MADAPPURA, PARASSINIKADAVU P.O, KANNUR DISTRICT, PIN-670 563 BY ADVS. V.PREMCHAND SMT.SURYA MOHAN P.

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RESPONDENTS:

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1 THE DIRECTOR OF GENERAL EDUCATION GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN691 563

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2 THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR, KANNUR DISTRICT, PIN-670 001

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3 SUVARNNA KUMAR P.P,

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HEAD MASTER, PARASSINIKADAVU HIGH SCHOOL, PARASSINIKADAVU P.O, KANNUR-670 563

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OTHER PRESENT:

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ADV. T. RAJASEKHARAN NAIR - 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. 7932 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers:-

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a) Issue writ of mandamus or any other appropriate writ direction or Order the 1^st respondent to consider all the documents produced by petitioner regarding the ownership and management of Parassanikadavu High School, Taliparamba, Kannur District and effect change of Management in accordance with the provisions of the Kerala Education Rules.

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b) Issue writ of mandamus or any other appropriate writ direction or order directing the 1^st respondent to consider Exhibit P7 and dispose of the same expeditiously in accordance with the provisions Kerala Education Rules.

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c) Issue writ of mandamus or any other appropriate writ direction or order directing the 2^nd respondent to consider Exhibit P6 and direct the said respondent not to approve the appointments if any effected by the 3^rd respondent till the disposal of Exhibit P 7 by the 1^st respondent.

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2. Heard the learned counsel for the petitioners and

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the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that the petitioners are the owners of the property of an aided school. They had filed an application under Rule 5A, Chapter III, KER seeking change of management involving change of ownership. It is submitted that the 3^rd respondent, who is presently functioning as

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WP(C) NO. 7932 OF 2021

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Manager of the school, is refusing to comply with the lawful instructions of the petitioners, who constitute the educational agency. It is, therefore, contended that Ext.P7 request made by the petitioners before the DGE is liable to be considered and disposed of, in accordance with law.

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The learned Government Pleader submits that it is evident from the reply given by the DEO that there are civil disputes pending with regard to the property in question. However, in view of the fact that Ext.P7 has been submitted before the DGE and has been duly received, it is submitted that the issue can be considered by the DGE, after notice to the petitioners as well as the 3^rd respondent and any other interested parties. If the details of the property included in the suit are produced before the DGE, the issue shall be considered appropriately.

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Having heard the learned counsel on either side, I am of the opinion that since Ext.P7 application has been made by the petitioners, the same is liable to be considered in accordance with law.

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WP(C) NO. 7932 OF 2021

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There will, accordingly, be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P7 with notice to the petitioners as well as the 3^rd respondent and any other persons interested in property and any other affected parties and after producing the documents, within a period of three months from the date of receipt of a copy of this judgment. The parties shall be put on notice and heard through any appropriate means including video conferencing. Any appointments effected hereafter shall be subject to the orders to be passed by the DGE on Ext.P7.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/09.07.2021

WP(C) NO. 7932 OF 2021

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APPENDIX OF WP(C) 7932/2021

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PETITIONER ANNEXURE

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EXHIBIT P1 TRUE COPY OF THE RELEASE DEED NO. 1584/1981 OF KALLIASSERI SUB REGISTRAR OFFICE IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.12.2020 ISSUED IN THE NAME OF PETITIONERS. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 01.07.2020 ADDRESSED TO THE DISTRICT EDUCATION OFFICER, TALIPARAMBA. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 28.07.2020 BY THE DISTRICT EDUCATION OFFICER, TALIPARAMBA. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 24.07.2020 BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 25.02.2021 BEFORE THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 06.03.2021 BEFORE THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM. EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 06.03.2021.

P.M.Janardhanan v. the Director of General Education

Case brief

What is this about?

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P.M.Janardhanan v. the Director of General Education

Case brief

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