Pratheesh.M.K. vs The State Of Kerala
2021 Latest Caselaw 7785 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.3660 OF 2021(F)


PETITIONER:

               PRATHEESH.M.K., AGED 33 YEARS
               S/O. KUMARAN M.K.,MANGOTTIL HOUSE, PTA PRESIDENT,
               A.S.L.P.SCHOOL, CHELAKODE, CHELAKKARA, PAZHAYANNUR
               (VIA), THRISSUR DISTRICT, PIN-680587.

               SRI.C.D.DILEEP
               SMT.SHYLAJA VARGHESE

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHI, THIRUVANANTHAPURAM, PIN-695014.

      3        THE ASSISTANT EDUCATIONAL OFFICER,
               WADAKKANCHERI, THRISSUR DISTRICT, PIN-680567.

      4        THE MANAGER, A.S.L.P. SCHOOL, CHELAKODE, CHELAKKARA,
               PAZHAYANNUR (VIA), THRISSUR DISTRICT, PIN-680587.

               SRI.P.M.MANOJ -SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3660 OF 2021(F)

                                           2


                                    JUDGMENT

Dated this the 5th day of March 2021

The petitioner, who is stated to be the President of the

Parent - Teacher Association of the "ASLP School",

Chelakkara, Thrissur, has approached this Court with a

limited plea that his representation, namely Ext.P11,

preferred before the Government, seeking upgradation of the

school to an Upper Primary School, be directed to be taken up

and disposed of at the earliest.

2. The petitioner asserts that his request in Ext.P11 is

justified, since there is imperative educational need in the

area concerned for the upgradation of the school as an Upper

Primary one; and therefore, prays that the Government be

directed to consider it within a time frame to be fixed by this

Court.

3. In response to the submissions of the petitioner, as

argued by his learned counsel Sri.C.D.Dileep, the learned

Senior Government Pleader, Sri.P.M.Manoj submitted that

there is no legal impediment in Exhibit P11 representation

being taken up and disposed of; but prayed that this Court

may not make any affirmative declarations as to the WP(C).No.3660 OF 2021(F)

entitlement of the petitioner to any relief and leave it to the

competent Authority to take a decision on it in terms of law.

He, however, added that there are certain pending

proceedings before the Hon'ble Supreme Court and that the

Government may also be allowed to advert to the same, while

disposing of the representation.

In the afore circumstances, I order this writ petition

and direct the first respondent to take up Exhibit P11

representation and dispose of the same, after affording an

opportunity of being heard to the petitioner - either physically

or through video conferencing - as expeditiously as is

possible, but not later than one month from the date of

receipt of a copy of this judgment.

                                              Sd/- DEVAN RAMACHANDRAN

     Stu                                                JUDGE
 WP(C).No.3660 OF 2021(F)





                               APPENDIX
     PETITIONER'S EXHIBITS:

     EXHIBIT P1       A TRUE COPY OF THE SKETCH.

     EXHIBIT P2       A TRUE COPY OF THE REPORT OF AEO
                      WADAKKANCHERRY.

     EXHIBIT P3       A TRUE COPY OF THE REPRESENTATION SUBMITTED
                      BY THE PTA TO THE GOVERNMENT DATED
                      28.4.2011.

     EXHIBIT P4       A TRUE COPY OF THE LETTER

NO.25769/F3/2011/G.EDN. DATED 28.5.2011 ISSUED BY THE PRINCIPAL SECRETARY OF THE GOVERNMENT TO THE THEN P.T.A.PRESIDENT.

EXHIBIT P5 A TRUE COPY OF THE COMMITTEE DECISION OF KONDAZHI GRAMA PANCHAYAT COMMITTEE DATED 28.4.2011 FOR UPGRADATION OF THE SCHOOL.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION OF THE PANCHAYAT SECRETARY DATED 25.5.2011 FOR UPGRADATION OF THE SCHOOL.

EXHIBIT P7 A TRUE COPY OF THE REQUEST OF THE MLA OF THE CONSTITUENCY TO THE EDUCATION MINISTER DATED 2.5.2012.

EXHIBIT P8 A TRUE COPY OF THE APPLICATION FOR UPGRADATION OF THE SCHOOL DATED 27.4.2012.

EXHIBIT P9 A TRUE COPY OF THE LETTER NO.34787/F3/2012 DATED 5.9.2012.

EXHIBIT P10 A TRUE COPY OF THE GOVERNMENT ORDER G.O.

(P)98/12/G.EDN. DATED 28.3.2012 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 30.11.2020.