Ashraf M.A vs The State Of Kerala
2021 Latest Caselaw 400 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.293 OF 2021(J)


PETITIONER:

               ASHRAF M.A.
               AGED 51 YEARS
               SON OF ADIMAKUTTY, MANATHATT HOUSE, MALIYAMPEDIKA,
               ALANGAD P.O., ALUVA, ERNAKULAM-683511.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

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

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

      3        DEPUTY DIRECTOR OF EDUCATION,
               MALAPPURAM-682026.

      4        THE ASSISTANT EDUCATION OFFICER,
               MELATTOOR, MALAPPURAM DISTRICT-679325.

      5        NAFEESA M.,
               W/O.ABDULLA MASTER, MATTUMMATHODIKAVEED, KOLAPPARAMB,
               MALAPPURAM-676522.



               GP-SMT.NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.293 OF 2021(J)

                                        2




                                 JUDGMENT

Dated this the 6th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) call for the records relating to Exhibit P-8 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondent to grant Post facto ratification of the transfer of management ALPS, Olippuzha involving ownership in favor of the Petitioner

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to take a decision on Exhibits P-9 and P10 within a time limit with notice to the Petitioner, keeping, in abeyance the operation and implementation of Exhibit P-8."

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

seeking approval for the change of Manager involving change of

ownership, the petitioner has preferred Exts.P9 and P10 revision

petitions before the Government and that these are liable to the WP(C).No.293 OF 2021(J)

considered.

4. Learned Government Pleader submits that the revision

petitions preferred by the petitioner will be considered in

accordance with law.

There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Exts.P9 and P10 revision

petitions in accordance with law, within a period of three months

from the date of receipt of a copy of this judgment, after hearing the

petitioner through any appropriate means including through video

conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.293 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1128/1/2020 DATED 24.6.2020 OF S.R.O., MELATTOOR.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT WITH INVOLVING CHANGE OF OWNERSHIP OF A SCHOOL SUBMITTED BY THE MANAGER, AMLP SCHOOL, OLIPPUZHA DATED 10.3.2020.

EXHIBIT P3 TRUE COPY OF THE LETTER OF THE ASSISTANT EDUCATIONAL OFFICER ADDRESSING THE 5TH RESPONDENT VIDE No.D/712/2020 DATED 5.6.2020.

EXHIBIT P4 TRUE COPY OF THE LETTER ADDRESSING THE AEO, MALAYATTOR BY THE 5TH RESPONDENT DATED 3.5.2020.

EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT VIDE NO.B3/11550/2020 DATED 13.7.2020.

EXHIBIT P6 TRUE COPY OF THE REPLY FURNISHED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT AS AGAINST THE EXHIBIT P-5 DATED 14.8.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER OF THE AEO, MALAYATTOR ADDRESSING THE 5TH RESPONDENT VIDE NO.D/712/2020 DATED 3.9.2020.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THE DDE, MALAPPURAM VIDE NO.B3/11550/2020 DATED 4.9.2020.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2020.

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.11.2020. WP(C).No.293 OF 2021(J)

EXHIBIT P11 TRUE COPY OF THE G.O.

(RT)NO.4782/2019/G.EDN. DATED 11.11.2019.

EXHIBIT P12 TRUE COPY OF THE G.O.(RT) NO.750/2020/G.EDN. DATED 13.2.2020.

EXHIBIT P13 TRUE COPY OF THE GOVERNMENT LETTER NO.63167/F2/10/G.EDN. DATED 26.7.2011.