Sivsankar T vs State Of Kerala
2021 Latest Caselaw 11762 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9554 OF 2021(T)


PETITIONER:

               SIVSANKAR T.,
               AGED 32 YEARS
               S/O. LATE SIVARAMAN T.,THEMADATH HOUSE, ANICODE,
               CHITTUR P.O., PALAKKAD DISTRICT.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        ASSISTANT EDUCATIONAL OFFICER,
               CHITTUR, PALAKKAD-678101.


OTHER PRESENT:

               SRI. T.RAJASEKHARAN NAIR-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9554 OF 2021(T)

                                   2

                           JUDGMENT

Dated this the 9th day of April, 2021

This writ petition is filed seeking the following prayer:-

"i) to issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P-9 order passed by the 2nd respondent.

ii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents 1 to 3 to approve the appointment of the petitioner as Manager of SN UP School, Nallamadanchalla, Vilayadi P.O., Chittor.

iii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P10 appeal."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had preferred an application

under Rule 5A of Chapter III KER seeking change of

management involving change of ownership. It is submitted

that the said request had been rejected on the ground that WP(C).No.9554 OF 2021(T)

there is no prior sanction accorded by the Director. It is

submitted by the learned counsel for the petitioner that the

petitioner has preferred Ext.P10 appeal before the

Government under Rule 5 A(2) of Chapter III KER.

4. Having heard the learned Government Pleader

also, I am of the opinion that Ext.P10, which is a statutory

appeal preferred by the petitioner, is liable to be considered

and disposed of, in accordance with law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P10

appeal preferred by the petitioner with notice to the

petitioner and after hearing him through any appropriate

means including video conferencing within a period of three

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/09.04.2021 WP(C).No.9554 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPROVAL GIVEN TO THE PETITIONER DATED 31/03/2020 BY THE THIRD RESPONDENT.

EXHIBIT P2 TRUE COPY OF PROCEEDINGS OF THE THIRD RESPONDENT DATED 19/04/2010.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 18/04/2012.

EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE CHITTUR THATHAMANGALAM MUNICIPALITY.

EXHIBIT P5 TRUE COPY OF TITLE DEED DATED 17/07/2020 IN FAVOUR OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20/11/2020.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 26/07/2011.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DATED 06/02/2021.

EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 17/03/2021.

EXHIBIT P10 A COPY OF THE APPEAL FILED BY THE PETITIONER DATED 05/04/2021.