Kerala High Court
Edappatta Mohammed Kurikkal vs The State Of Kerala on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
WP(C) NO. 29947 OF 2012
PETITIONER:
1 EDAPPATTA MOHAMMED KURIKKAL,
MANAGER, A M L P SCHOOL, AKKARAPPURAM,
POST TUVVUR, MALAPPURAM DISTRICT, PIN-679327
2 ADDL.P2:T.IBRAHIM, AGED 66 YEARS, S/O.CHERIYA HAJI, RESIDING
AT THAYYIL HOUSE, EDAPPATTA P.O., MALAPPURAM DISTRICT, PIN -
679 326, PRESENT MANAGER OF A.M.L.P SCHOOL, AKKARAPPURAM,
POST TUVVUR, MALAPPURAM DISTRICT, PIN - 676 522 (IS
IMPLEADED AS ADDL.PETITIONER NO.2 AS PER ORDER DATED
20.12.2022 IN I.A.NO.1/2022)
BY ADV SRI.R.RAMADAS
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001
2 THE DIRECTOR OF PUBLIC INSTRUCTINS JAGATHY
THIRUVANANTHAPURAM-695014
3 THE DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM,PIN-676506
4 THE DISTRICT EDUCATIONAL OFFIER
WANDOOR, MALAPPURAM DISTRICT, PIN-679328
5 THE ASSISTANT EDUCATIONAL OFFICER
WANDOOR, MALAPPURAM DISTRICT, PIN-679328
6 G U P S EDAPPATTA
MALAPPURAM DISTRICT,REPRESENTED
BY ITS HEADMASTER,PIN-679328
BY ADV SRI.BABU S. NAIR - R6
SRI.RENJITH T.R., SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29947 OF 2012
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No.29947 of 2012
----------------------------------------------
Dated this the 20th day of December, 2022
JUDGMENT
The above Writ Petition is filed with the following
prayers:
"(a) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the 1 st
respondent to issue orders sanctioning upgradation
of A.M.L.P. School, Akkarappuram, Post Tuvvur,
Malappuram District, as High School forthwith.
(b) Call for the records of the case leading
to Ext.P3 in so far as it is against the petitioner
(Sl.No.19 G.U.P.S. Edappatta, Malppuram District),
and to quash the same by the issuance of a writ of
certiorari or any other appropriate writ, order or
direction.
(c) issue a writ of mandamus or any other
appropriate writ, order or direction directing the 1 st
respondent to consider and pass appropriate orders
on Exts.P1 and P2 after affording an opportunity of
being heard to the petitioner as expeditiously as
possible, within a time limit to be fixed by this
WP(C) NO. 29947 OF 2012
Hon'ble Court.
(d) Pass any other appropriate writ, order
or direction which this Hon'ble Court may deem fit
to issue and the petitioner may pray from time to
time."[SIC]
2. The main prayer in this writ petition is to
issue appropriate direction to the 1 st respondent to
upgrade A.M.L.P School, Akkarappuram as High
school. This writ petition is pending before this Court
from 2012 onwards. Moreover, I am of the considered
opinion that, these are matters to be decided by the
Government as per their policy decisions. The counsel
appearing for the petitioner submitted that, Exts.P1
and P2 are pending before the competent authority.
Those representations are filed a decade back. If that
is the case, the petitioner can file a fresh
representation with supporting documents before the
1st respondent, if the grievance survive, and there can
be a direction to the 1 st respondent to consider the
same within a time frame.
WP(C) NO. 29947 OF 2012
Therefore, this writ petition is disposed of in the
following manner:
i. The petitioner is free to submit a
representation with supporting documents before
the 1st respondent narrating the grievance raised
in this writ petition, within a period of one month
from the date of receipt of a copy of this
judgment.
ii. Once such a representation is received,
the 1st respondent will decide the matter in
accordance to law, after giving an opportunity of
hearing to the petitioner, as expeditiously as
possible, at any rate, within a period of two
months from the date of receipt of the
representation.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 29947 OF 2012
APPENDIX OF WP(C) 29947/2012
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION BY
THE PETITIONER BEFORE THE HON'BLE
MINISTER FOR EDUCATION REQUESTING TO
UPGRADE THE A.M.L.P. SCHOOL,
AKKARAPPURAM AS A HIGH SCHOOL DATED
NIL.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION BY
THE PARENT TEACHERS ASSOCIATION
BEFORE THE HON'BLE MINISTER FOR
EDUCATION REQUESTING TO UPGRADE THE
A.M.L.P. SCHOOL, AKKARAPPURAM AS A
HIGH SCHOOL DATED NIL.
EXHIBIT P3 TRUE COPY OF THE ORDER G.O. (MS) NO.
309/2012/GEN. EDN. DATED 29.09.2012
BY WHICH 35 U.P. SCHOOLS ARE
UPGRADED AS HIGH SCHOOLS UNDER THE
R.M.S.A. SCHEME.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
