Malathi Amma vs State Of Kerala
2022 Latest Caselaw 7717 Ker

WP(C) NO. 21012 OF 2022                1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      WP(C) NO. 21012 OF 2022
PETITIONERS:
    1     MALATHI AMMA
          MANAGER, VIVEKASAGARA UPPER PRIMARY SCHOOL,
          VELLARAKKAD P.O., THRISSUR DISTRICT,
          THRISSUR - 680 584.
     2       HYMAN P.P.
             PALLIYATH HOUSE, VALLARAKKAD P.O., ERAMAPETTY,
             THRISSUR - 680 584.
            BY ADVS.
            M.A.FAYAZ
            M.VISHNUPRIYA
            C.B.ABHINAVA


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
     2       DIRECTOR GENERAL OF EDUCATION
             JAGATHI, THIRUVANANTHAPURAM - 695 001.
     3       DEPUTY DIRECTOR OF EDUCATION TRISSUR
             CIVIL STATION, AYANTHOL, THRISSUR - 680 020.
     4       DISTRICT EDUCATIONAL OFFICER CHAVAKKAD
             O/O THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD,
             CHAVAKKAD, THRISSUR - 680 020.
     5       ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM
             O/O. THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM,
             KUNNAMKULAM, THRISSUR - 673 571.
             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2022,   THE   COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21012 OF 2022                2



                                 JUDGMENT

The 2nd petitioner is the son of the 1st petitioner. It is asserted in the

writ petition that the 1st petitioner is the Manager of Vivekasagaram Upper

Primary School, Vellarakkad and she was made the approved Manager with

effect from 12.06.1984 onwards as per Ext.P1. Since she is 87 years and

suffering from various ailments, she found it difficult to carry on with the

Managerial duties. The 2nd petitioner was a teacher and he attained

superannuation with effect from 31.03.2022. In the said circumstances, an

application for transfer of management was submitted by the petitioner

before the 1st respondent which is stated to be pending. Apprehending that

delay will be occasioned in considering the application for transfer of

management, the 1st petitioner is stated to have issued Ext.P3 Power of

Attorney and has submitted Ext.P5 request to approve the power of attorney

executed by the 1st petitioner and to permit the 2nd petitioner to act as the

Manager of the school with immediate effect. Her grievance is that the

respondents are not expeditiously considering Exts.P4 and P5 requests. This

has led the petitioners to approach this Court seeking directions.

2. I have heard Sri.M.A.Fayaz, the learned counsel appearing for

the petitioners and Smt.Nisha Bose, the learned senior Government Pleader.

3. Having regard to the facts and circumstances and the

submissions made across the bar, this Writ petition will stand disposed of by

issuing the following directions.

1. The 5th respondent to consider Ext.P5 request submitted

by the petitioners seeking to approve the power of

attorney executed by the 1st petitioner, expeditiously, in

any event, within a period of three weeks.

2. After disposal of Exhibit P5, the 5th respondent shall

thereafter take up Ext.P4 application for transfer and

orders shall be passed, after affording an opportunity of

being heard, either physically or virtually, to the

petitioners herein or their authorized representative

expeditiously, in any event, within a period of two months

from the date of production of a copy of this judgment.

3. It would be open to the petitioners to produce a copy of

the writ petition along with the judgment before the

concerned respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 21012/2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF ORDER NO.K.DIS.(B) 3293/84 DATED 12/06/1984 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM.

Exhibit P2 TRUE COPY OF THE AADHAR CARD ISSUED IN RESPECT OF THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE NOTARIZED POWER OF ATTORNEY ISSUED BY THE 1ST PETITIONER IN FAVOUR OF THE 2ND PETITIONER DATED 20/01/2022.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER FOR TRANSFER OF MANAGEMENT INCLUDING THE DECLARATIONS DATED 1/6/22.

Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT TO APPROVE THE 2ND PETITIONER AS THE POWER OF ATTORNEY HOLDER AND TO PERMIT HIM TO ACT AS THE MANAGER DATED 01/06/2022.

RESPONDENTS' EXHIBITS:

NIL