Muhammed K vs The State Of Kerala
2021 Latest Caselaw 15023 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                          WP(C) NO. 14255 OF 2021
PETITIONER:

              MUHAMMED K.
              AGED 44 YEARS
              SON OF MOOSAKKUTTY, KUNNATHODI HOUSE, P.O.RANDATHANI,
              MALAPPURAM DISTRICT - 676 510.

              BY ADVS.
              V.A.MUHAMMED
              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 - 695 014.

     3        THE ASSISTANT EDUCATIONAL OFFICER
              CIVIL STATION, MALAPPURAM DISTRICT - 676 519.

     4        SMT. AYISUMMA AYAPPALLI
              AYAPPALLI HOUSE, TIRUR, MALAPPURAM DISTRICT - 676 101.


OTHER PRESENT:

              SRI. BIJOYCHANDRAN- SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14255 OF 2021
                                      2


                                JUDGMENT

The petitioner has approached this Court seeking the

following prayers:-

(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 2nd respondent to grant change of management with change of ownership right in favour of the petitioner.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P-10 after affording an opportunity of being heard to the petitioner within a time limit.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the ALP School, Kuttippuram is an

aided Primary School and there were two co-owners to the

property of the school. One of the co-owners effected a

relinquishment of rights over the school in favour of other co-

owner by Ext.P4. It is submitted that when a request was made

before the respondents for change of management involving WP(C) NO. 14255 OF 2021

change of ownership, the same was rejected on the ground that

there was no prior permission granted for effecting the transfer.

The learned counsel for the petitioner submits that since it is only

a relinquishment of the right of one co-owner in favour of the

other, the provisions of Rule 5 A of Chapter III, KER do not apply.

It is submitted that the petitioner has approached the

Government with Ext.P10 revision petition and contended that in

similar situations, the Government has passed orders permitting

such change of ownership.

4. Having heard the learned Government Pleader also, I

am of the opinion that since the petitioner has already

approached the Government with Ext.P10 revision petition, the

same may be considered on its merits with notice to the

petitioner as well as the 4th respondent.

5. Without expressing any view on the merits of the

matter, there will be a direction to the 1 st respondent to take up,

consider and pass orders on Ext.P10 revision petition, with notice WP(C) NO. 14255 OF 2021

to the petitioner as well as the 4 th respondent and after hearing

them through any appropriate means including video

conferencing within a period of four months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/16.07.2021 WP(C) NO. 14255 OF 2021

APPENDIX OF WP(C) 14255/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED REGISTERED IN THE SUB REGISTRAR OFFICE, KOTTAKKAL DATED 07/09/2007.

Exhibit P2 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 12/11/2007.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12/11/2007.

Exhibit P4 TRUE COPY OF THE SALE DEED DATED 17/11/2016.

Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31/01/2071.

Exhibit P6 TRUE COPY OF THE LETTER NO.F/2250/2017 DATED 16/06/2017 ADDRESSED TO THE DIRECTOR.

Exhibit P7 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT DATED 26/04/2018.

Exhibit P8 TRUE COPY OF THE ORDER NO.G(2)/5942/2020/DE/K.DIS. DATED 04/03/2021 OF THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER NO.63167/F2/10/G.EDN. DATED 26/07/2011 OF THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 11/06/2021.