Kerala High Court
Manager ( P.V.Raveendran) vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15817 OF 2024
PETITIONER/S:
MANAGER (P.V.RAVEENDRAN)
AGED 64 YEARS, S/O. LATE P.V. KESAVAN NAMBOOTHIRI,
MANAGER, KOROM DEVISAHAYAM AUP SCHOOL, PAYYANNUR,
KANNUR DISTRICT - 670 307 ( RESIDING AT PULLERI
VADHYAR ILLAM, KOROM, KOROM VILLAGE,
CHALAKODE P.O. KANNUR, PIN - 670 307.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
GOVERNMENT TTI FOR MEN COMPOUND,
KANNUR DISTRICT, PIN - 670 002.
4 THE DISTRICT EDUCATIONAL OFFICER
REVENUE TOWER, COURT ROAD, TALIPARAMBA,
KANNUR DISTRICT, PIN - 670 141.
5 THE ASSISTANT EDUCATIONAL OFFICER
ANNUR ROAD, PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
W.P.(C) No.15817 OF 2024
2
6 THE HEAD MASTER
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
7 SRI. AMAR T.G
AGED 31 YEARS, S/O GOPALAN.T., UPSA,
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307
(RESIDING AT SONA NIVAS, KOROM, CHALAKKODE P.O.,
PAYYANNUR, KANNUR DISTRICT, PIN - 670 307.
8 SRI. AJITH SHANKAR A.V
AGED 26 YEARS, S/O A.V KESHAVAN NAMBOOTHIRI,
PEON, KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307 (RESIDING AT AMBILI
VADAKKE ILLAM, PALLITHARA, KOROM P.O., PAYYANUR,
KANNUR DISTRICT, PIN - 670 307.
9 SMT. SREEDEVI O.P
AGED 27 YEARS, D/O ARJUN P.V., LPSA,
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307 (RESIDING AT PULLERI
ILLAM, KOROM, , CHALAKKODE P.O., PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
OTHER PRESENT:
ADV NISHA BOSE-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.15817 OF 2024
3
JUDGMENT
As per Ext.P23 order, management of the School in which the petitioner is the Manager, is ordered to be taken over by the Government by appointing the Educational Officer as the Manager. Being aggrieved by the same, Ext.P24 review petition has been submitted by the petitioner before the 1st respondent, which is now pending consideration.
2. After hearing the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 1 st respondent to take up Ext.P24 review petition and to pass appropriate orders thereon in accordance with law, after hearing the petitioner and other affected parties, if any. A decision in this regard shall be taken up within a period four months from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A. A., JUDGE S.M.K. W.P.(C) No.15817 OF 2024 4 APPENDIX PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.3876/1985 OF SRO PAYYANUR Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER NO. C/26/2011 K.DIS DATED 27.03.2013 Exhibit P3 TRUE COPY OF THE TRUST DEED DATED 27.01.2023 Exhibit P4 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF THE DECEASED MANAGER DATED 30.10.2021 Exhibit P5 TRUE COPY OF THE NO OBJECTION DECLARATION OF THE MEMBERS OF THE EDUCATIONAL AGENCY Exhibit P6 TRUE COPY OF THE BYE- LAW OF THE PETITIONER Exhibit P7 TRUE COPY THE LETTER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 27.09.2023 Exhibit P8 TRUE COPY OF THE SUBMISSION MADE BY THE MANAGER BEFORE THE AEO DATED 21.11.2023 Exhibit P9 TRUE COPY OF THE SUBMISSION MADE BY THE MANAGER BEFORE THE DDE DATED 21.11.2023 Exhibit P 10 TRUE COPY OF THE DECLARATION MADE BY THE MANAGER STATING THAT NO MANAGEMENT DISPUTE IS PENDING WITH RESPECT TO THE SCHOOL Exhibit P 11 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 15.07.2020 Exhibit P 12 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH RESPONDENT DATED 01.02.2021 Exhibit P 13 TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH RESPONDENT DATED 01.06.2022 W.P.(C) No.15817 OF 2024 5 Exhibit P 14 TRUE COPY OF LETTER NO. C/14364/2021 DATED 06.01.2022 OF THE AEO, PAYYANNUR ADDRESSING THE MANAGER Exhibit P 15 TRUE COPY OF THE LETTER NO. C/7157/2021 DATED 06.01.2022 OF THE AEO, PAYYANNUR ADDRESSING THE MANAGER Exhibit P 16 TRUE COPY OF THE LETTER NO. C/30129/2022 DATED 15.07.2022 OF THE AEO, PAYYANNUR ADDRESSING THE MANAGER Exhibit P 17 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 (2002 (1) KLT 406) ( MANAGER , ST. MARY'S HS V BEJI ABRAHAM) DATED 21.12.2001 Exhibit P 18 TRUE COPY OF THE DECISION REPORTED IN 2007 KHC 3371 ( 2007 (1) KLT 127 ) ( G. SOMANATTHA PILLAI V STATE OF KERALA AND OTHERS) DATED 20.10.2006 Exhibit P 19 TRUE COPY OF THE G.O(RT) NO. 95/2019/G.EDN DATED 10.01.2019 ISSUED BY THE GOVERNMENT Exhibit P 20 TRUE COPY OF THE G.O(RT) NO. 1818/2019/G.EDN DATED 21.05.2019 ISSUED BY THE GOVERNMENT Exhibit P 21 TRUE COPY OF THE G.O(RT) NO. 4503/2019/G.EDN DATED 29.10.2019 ISSUED BY THE GOVERNMENT Exhibit P 22 TRUE COPY OF THE G.O(RT) NO. 5048/2019/G.EDN.
DATED 23.11.2019 ISSUED BY THE GOVERNMENT Exhibit P 23 TRUE COPY OF THE GO ( RT) NO.680/2024/ G.EDN DATED 24.01.2024 ISSUED BY THE GOVERNMENT Exhibit P 24 TRUE COPY OF THE REVIEW PETITION DATED 31.01.2024 BEFORE THE GOVERNMENT