Kerala High Court
Shihab Thangal Educational & ... vs The State Of Kerala on 24 February, 2022
WP(C) No.6171/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Thursday, the 24th day of February 2022 / 5th Phalguna, 1943
WP(C) NO. 6171 OF 2022 (V)
PETITIONER:
SHIHAB THANGAL EDUCATIONAL & CHARITABLE TRUST, MAMPAD P.O.,
MALAPPURAM DISTRICT, KERALA - 676 542 REPRESENTED BY ITS SECRETARY,
SRI.MUHAMMAD MUSTHAFA K.P.
RESPONDENTs:
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001
2. THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION(ACADEMIC), JAGATHI,
THIRUVANANTHAPURAM- 695 014
3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676 519
4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM - 679 328
5. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBOOR, MALAPPURAM - 679 328
6. P.MUHAMMED SHAFI, AGED 52 YEARS, S/O. SEETHI PANANILATH HOUSE,
THOTTINTAKKARA, MAMPAD P.O., MALAPPURAM-676 542
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibits P8 and P10, till the disposal of
the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SREEKUMAR (SENIOR) along with P.MARTIN JOSE, P.K.SOYUZ, AZAD. A.,
THOMAS P.KURUVILLA, P.PRIJITH, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON,
SACHIN JACOB AMBAT, ANNA LINDA V.J & HARIKRISHNAN S. Advocates for the
petitioner and of JIMMY GEORGE (GOVERNMENT PLEADER) for R1 TO R5, the
court passed the following:
WP(C) No.6171/2022 2/4
AMIT RAWAL, J.
=================
W.P.(C).6171 of 2022
=====================
Dated this the 24th day of February, 2022
ORDER
Sri.Sreekumar learned Senior Counsel representing the
petitioners inter alia alleges that on 20.04.2013 not only the
ownership of the school property was transferred in the
name of the petitioner, but management also and thus an
appropriate application under Rule 5A of Chapter III of the
Kerala Education Rule was submitted but the same has been
erroneously rejected vide Exts. P7 and P10 on the ground
that while seeking the transfer of the property no prior
permission of the Director of the Education as per section 6
of the Kerala Education Act had been taken. The
aforementioned provisions have already been pondered by
this Court in Manager, Koyyode Madrassa U.P.School v.
Director of Public Instructions [2010 (4) KHC 705] and in
unreported judgment of this Court in W.P.(C).No.10798/2021
titled as P.Muhammed Shafi v. State of Kerala And
Another decided on 23.09.2021, where it has been
WP(C) No.6171/2022 3/4
W.P.(C). No.6171 of 2022
categorically stated that when there is situation not only of
change of ownership but as well as of the management,
then the provisions of Rule 5A would be applicable and not
Rule 6.
2. Issue notice before admission. Sri.Jimmy George,
learned Government Pleader accepts notice.
3. Copy of the judgments relied upon by
Sri.Sreekumar to be handed over to Sri.Jimmy George for
reference and also to the authorities who had taken a call
on the application of the petitioner.
For further consideration post on 24.03.2022.
Sd/-
AMIT RAWAL, JUDGE
naksaontesting respondents seeCCcC
24-02-2022 /True Copy/ Assistant Registrar
WP(C) No.6171/2022 4/4
Exhibit P7 TRUE COPY OF ORDER DATED 26-02-2021 OF THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF APPEAL DATED 29-06-2021 FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT UNDER SUB RULE (2)
OF RULE 5A OF CHAPTER III
Exhibit P10 TRUE COPY OF ORDER DATED 05-02-2022 OF THE 1ST
RESPONDENT
