P.Muhammed Shafi vs The State Of Kerala
2021 Latest Caselaw 19888 Ker

Citation : 2021 Latest Caselaw 19888 Ker
Judgement Date : 23 September, 2021

Kerala High Court

P.Muhammed Shafi vs The State Of Kerala on 23 September, 2021

WP(C) NO. 10798 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                     WP(C) NO. 10798 OF 2021


PETITIONER/S:



          P.MUHAMMED SHAFI,
          AGED 52 YEARS,
          SON OF SEETHI, PANANILATH HOUSE, THOTTINTAKKARA,
          P.O.MAMPAD, NILAMBUR TALUK, MALAPPURAM DISTRICT-676
          542.

          BY ADV V.A.MUHAMMED



RESPONDENT/S:



    1     THE 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 DISTRICT-676 519.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          WANDOOR, MALAPPURAM DISTRICT-679 328.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          NILAMBUR, MALAPPURAM DISTRICT-679 328.

    6     SMT. AMINA KUTTY,
          KUNNUMMAL HOUSE, PANTHALINGAL MEPPADAM, NILAMBUR-679
          328, MALAPPURAM DISTRICT.
 WP(C) NO. 10798 OF 2021           2

    7     SRI. MOHAMED ALI KAMPURATH,
          SON OF ALAVI, KAMPURATH HOUSE, THOTTINTAKKARA, MAMPAD,
          NAILAMBUR-676 542, MALAPPURAM DISTRICT.




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10798 OF 2021                     3

                                  JUDGMENT

The petitioner states that he is the Manager of Shihab Thangal Educational

and Charitable Trust, Mampad. The Trust purchased the AMUP School, Mampad,

an aided school and immediately thereafter approached the 5th respondent and

sought for approval of the petitioner as the Manager of the School. It is

contended that the request so made was rejected. Challenging the order, the

petitioner is stated to have preferred an appeal before the 2nd respondent.

However, by Ext.P6 order, the appeal stands rejected. Being aggrieved, the

petitioner is stated to have preferred Ext.P7 revision petition before the 1st

respondent. It is in the above backdrop that the petitioner is before this Court

seeking directions.

2. Though various other reliefs are sought for, when this matter came up

for admission, Sri. V.A. Muhammed, the learned counsel appearing for the

petitioner, submits that the petitioner would be satisfied if directions are issued

to the 1st respondent to consider and pass orders on Ext.P7 revision petition

within a time frame.

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

and have considered the submissions advanced.

4. In view of the limited nature of the relief sought for, notice to

respondents 6 and 7 is dispensed with.

5. 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 at the admission stage

itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, 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 his authorised representative as well as the party respondents.

b) 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.

c) 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.