Jayakrishnan.S.V vs State Of Kerala
2021 Latest Caselaw 2603 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                        WP(C).No.564 OF 2021(U)


PETITIONER:

               JAYAKRISHNAN.S.V.,
               AGED 32 YEARS
               S/O.VENUGOPALAN ADIYODI (LATE), KURICHUVELLI HOUSE,
               PONMARYPARAMBIL P.O., VELLIAPALLY, VADAKARA,
               KOZHIKKODE-675342, MOB.9562153022.

               BY ADVS.
               SRI.U.BALAGANGADHARAN
               SMT.S.ANJUSHA

RESPONDENTS:

      1        STATE OF KERALA
               GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
               (ANNEX), THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               (FORMER DIRECTOR OF GENERAL EDUCATION)
               THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, KOZHIKKODE-675001.

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               THODANUR, KOZHIKKODE-673541.

               T. RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.564 OF 2021

                                         2




                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"(1) Call for the records leading to Ext.P7, Ext.P9 and Ext.P10 and set aside the same to the extent they insist for production of Legal heir ship certificate of the deceased individual educational agency for transfer of management on temporary basis.

(2) Issue writ in the nature mandamus commanding the fourth respondent to reconsider Ext.P5 application for transfer of management under Rule 5 of Chapter III of KER and accord approval to the petitioner without insisting for Legal Heir ship certificate and by accepting Ext.P3 Family Membership Certificate issued by the Village Officer.

(3) Declare that Ext.P5 application for transfer of management of Karthikapally LP School without involving change of ownership is liable to be approved without insisting for Legal Heir ship certificate of the deceased individual educational agency."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that

the petitioner's father, who was the owner of the property on which

the school is situated, had passed away on 24.09.2019 and that an WP(C).No.564 OF 2021

application for change of management had been submitted before

the respondents. It is stated that on the ground that the document

relating to the school has been mortgaged before the Bank and that

the legal heirship certificate of the deceased owner had not been

produced, the application has been kept pending. The learned

counsel for the petitioner submits that in response to Ext.P7

communication issued by the 4th respondent, the petitioner has

submitted Ext.P8 reply and the facts stated therein are liable to be

considered and the request made by the petitioner for appointment

as temporary manager is to be decided at the earliest.

4. Having considered the contentions advanced, I am of the

opinion that it is for the 4th respondent to take an appropriate

decision on Ext.P8 reply. There will, accordingly, be a direction to the

4th respondent to take up Ext.P8 reply and pass orders thereon, with

notice to the petitioner as well as the other legal heirs of the

deceased owner, within a period of one month from the date of

receipt of a copy of this judgment. It is made clear that the hearing

can be conducted through any appropriate means including through WP(C).No.564 OF 2021

video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.564 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF ORDER 4TH RESPONDENT DATED 12.10.1984.

EXHIBIT P2 A TRUE COPY DEATH CERTIFICATE ISSUED BY THE AYANCHRI GRAMA PANCHAYAT DATED 19.12.2019 OF VENUGOPALAN ADIYODI.

EXHIBIT P3 A TRUE COPY OF FAMILY MEMBERSHIP CERTIFICATE DATED 28.10.2019 ISSUED BY THE VILLAGE OFFICER, AYANCHERY.

EXHIBIT P4 A TRUE COPY OF AGREEMENT DATED 11.10.2019 ATTESTED BY NOTARY BETWEEN THE MEMBERS OF SURVIVING MEMBERS.

EXHIBIT P5 A TRUE COPY OF APPLICATION FOR CHANGE OF MANAGEMENT WITHOUT INVOLVING CHANGE OF OWNERSHIP SUBMITTED BY THE PETITIONER DATED 24.12.2019.

EXHIBIT P6 A TRUE COPY OF LETTER DATED 20.03.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF LETTER DATED 18.06.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF EXPLANATION/REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 20.06.2020.

EXHIBIT P9 A TRUE COPY OF LETTER DATED 09.07.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P10 A TRUE COPY OF LETTER DATED 11.11.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL