P.S.Sasikmar vs State Of Kerala
2021 Latest Caselaw 21169 Ker

WP(C) NO. 22174 OF 2021                1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      WP(C) NO. 22174 OF 2021
PETITIONER/S:

             P.S.SASIKMAR,
             AGED 51 YEARS,
             S/O.SIVAN NAIR, BUILTECH GREENS, MANAPULLIKAVU,
             KUNNATHURMEDU, PALAKKAD

             BY DR. GEORGE ABRAHAM


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM 695 001

     2       DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM 695 014

     3       ASSISTANT EDUCATIONAL OFFICER
             ALATHOOR, PALAKKAD DISTRICT 678 541

     4       THE PRESIDENT
             MAHADEVA EDUCATIONAL AND CHARITABLE SOCIETY,
             KARIKKODE P.O., VAIKKON, KOTTAYAM DISTRICT 686 610

     5       DEPUTY DIRECTOR OF EDUCATION
             CIVIL STATION, PALAKKAD 678 001.



             SMT. NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22174 OF 2021                        2




                                      JUDGMENT

The petitioner states that he purchased Karuna Upper Primary School,

Thenilapuram as per Ext.P3 deed and he has effected mutation in his favour.

The aforesaid school is having standards I to VII and 15 teachers are working

in the said institution. Instant writ petition is filed seeking the following

reliefs:

"(i) To issue a writ of certiorari or any other appropriate writ, direction or order to quash Ext.P12 order passed by the 2nd respondent.

(ii) To issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing respondents 1 to 3 to approve the change of management including the change of ownership in favour of the petitioner as far as Karuna Upper Primary School, Thenilapuram, Alathur.

(iii) To issue a writ of Mandamus; or any other appropriate writ, order or direction, directing the respondents 1 to 3 and 5 to approve the appointment of the petitioner as Manager of Karuna Upper Primary School, Thenilapuram, Alathur."

2. When the matter came up for consideration, Dr.George Abraham,

the learned counsel appearing for the petitioner, submitted that pending

consideration of this writ petition, an order has been passed by the

Government on 13.10.2021, wherein it has been held that there is no

necessity for prior permission for change of Management. It is submitted that

in view of the said Government Order, Exhibit-P12 is liable to be reconsidered.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) Exhibit-P12 will stand set aside.

b) There will be a direction to the 2st respondent to pass fresh

orders on Exhibit-P12 in the light of G.O.No.GEDN-

F2/125/2021-G.EDN dated 13.10.2021, as per procedure and

in strict adherence to the provisions of law. An opportunity of

being heard, either physically or virtually, shall be afforded to

the petitioner or the authorised representative of the

petitioner, as well as the 4th respondent.

c) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

d) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 22174/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT DATED 29.3.2010 EXECUTED TO THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 6.5.2020

EXHIBIT P3 TRUE COPY OF THE TITLE DEED DATED 5.3.2020

EXHIBIT P4 TRUE COPY OF THE LAND TAX PAID ON 29.4.2020

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER DATED 14.10.2010

EXHIBIT P5(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 5.3.2200

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 8.1.2021 IN WP.(C) NO.23759/2020

EXHIBIT P7 TRUE COPY OF THE DECLARATION SUBMITTED BY THE PETITIONER ON 29.1.2021

EXHIBIT P8 TRUE COPY OF THE COVERING LETTER DATED 29.1.2021

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 9.8.2021 SENT BY THE AEO TO THE HEADMISTRESS

EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 13.8.2021

EXHIBIT P11 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER

EXHIBIT P12 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 6.9.2021

RESPONDENT(S) EXHIBITS : NIL