Abdul Rahim vs State Of Kerala
2021 Latest Caselaw 15640 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                        WP(C) NO. 14848 OF 2021
PETITIONERS:

    1      ABDUL RAHIM
           AGED 55 YEARS, S/O. KADAKKADAN MAMMU, RESIDING AT
           KADAKKADAN HOUSE, AKKAPARAMPU, CHENGOTTUR P. O.,
           MALAPPURAM DISTRICT - 676 503.

    2      BAKIRA BISMI
           RESIDING AT UROTHODY HOUSE, THANIKKAL, KODUR P. O.,
           MALAPPURAM DISTRICT - 676 504.

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD
RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
           THIRUVANANTHAPURAM - 695 001.

    2      THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM - 695 014.

    3      THE DEPUTY DIRECTOR OF EDUCATION
           DOWN HILL, MALAPPURAM - 676 519.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           B2 BLOCK CIVIL STATION, MALAPPURAM - 676 505.

    5      THE ASSISTANT EDUCATIONAL OFFICER
           MALAPPURAM - 676 505.

           SRI.T RAJASEKHARAN NAIR,SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14848 OF 2021

                                            2


                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibits P-3 and P-5 and set aside the originals of the same by the issue of writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to take a decision on Exhibit P-6 within a time limit with notice to the Petitioners."

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

Government Pleader.

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

petitioners are purchasers of a running school and that the request for

transfer of management was rejected on technical grounds. It is

submitted that the petitioners have filed a statutory revision before the

Government as Ext.P6 and seeks a consideration thereof.

4. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P6 revision preferred by the petitioners, with notice to the

petitioners, the present manager of the school as well as any other

person likely to be affected by the orders to be passed thereon, and after WP(C) NO. 14848 OF 2021

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 NP WP(C) NO. 14848 OF 2021

APPENDIX OF WP(C) 14848/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE CONSENT GIVEN VIDE LEGAL DOCUMENT EXECUTED BY LEGAL HEIRS.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.1842/1/2017 REGISTERED IN THE SUB REGISTRAR OFFICE, MALAPPURAM.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.142297/2019/ DGE DATED 30.09.2019 OF THE DIRECTOR.

Exhibit P4 TRUE COPY OF THE ORDER NO.B3/36640/2019/K.DIS.

DATED 13.12.2019 OF THE DDE, MALAPPURAM ALONG WITH THE BYELAW DULY APPROVED.

Exhibit P5 TRUE COPY OF THE ORDER NO.2/7902/2020/DGE/ K.DIS. DATED 04.03.2021 OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 29.03.2021 (WITHOUT EXHIBITS)

RESPONDENT'S/S EXHIBITS: NIL