Islahiya Charitable Trust vs State Of Kerala
2021 Latest Caselaw 16677 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 15283 OF 2021
PETITIONER:

          ISLAHIYA CHARITABLE TRUST,
          KOTTAKKAL, PUTHUR, MALAPPURAM-676503,
          REPRESENTED BY ITS CHAIRMAN, DR. P.AHMMED KABEER.

          BY ADVS.
          AUGUSTINE JOSEPH
          K.S.ROCKEY
          TONY AUGUSTINE
          GEORGE RENOY


RESPONDENTS:

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

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

    3     THE DISTRICT EDUCATIONAL OFFICER,
          THIRURANGADI, MALAPPURAM-676306.

          SRI.BIJOY CHANDRAN, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15283 OF 2021

                                         2




                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P4, application to change the name of the school within a time limit and after affording an opportunity of hearing to the petitioner.

(ii) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to change the name of the school in Ext.P1 No Objection Certificate from "Islahiya Public School, Kottakkal" to Peace Public School, Kottakkal."

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 Ext.P4

request has been made by the petitioner for change of name of the

school run by the petitioner. It is submitted that pursuant thereto,

Ext.P7 report has been submitted by the DGE before the 1 st respondent

and the issue is pending consideration. It is submitted that in case no

orders have been passed on Ext.P4, the 1st respondent may be directed to

take an appropriate decision on the same.

4. In the above view of the matter, there will be a direction to the 1 st WP(C) NO. 15283 OF 2021

respondent to take up, consider and pass orders on Ext.P4 request

preferred by the petitioner, if the same is received and pending before

the respondents, after considering all relevant aspects of the matter

within a period of two months from the date of receipt of a copy of this

judgment,

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15283 OF 2021

APPENDIX OF WP(C) 15283/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE FROM THE 1ST RESPONDENT DATED 29/08/2014.

Exhibit P2 TRUE COPY OF THE LETTER DATED 18/08/2018 FROM THE CENTRAL BOARD OF SECONDARY EDUCATION.

Exhibit P3 TRUE COPY OF THE RESOLUTION IN CORPORATED IN THE LETTER DATED 07/12/2018.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 10/12/2018 FROM THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED 07/12/2018 OF THE CHAIRMAN.

Exhibit P6 TRUE COPY OF THE LETTER DATED 11/12/22018 FROM THE PTA PRESIDENT OF THE SCHOOL

Exhibit P7 TRUE COPY OF THE LETTER DATED 23/10/2019 FROM THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL