Citation : 2022 Latest Caselaw 3264 Ker
Judgement Date : 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 9335 OF 2022
PETITIONER:
RADHIKA V.K.
AGED 50 YEARS
VALIYANGATTA HOUSE,
PATTIAMKONGATTA,
(P.O) PATHAYAKKUNNU - 670 691,
KANNUR DISTRICT.
BY ADV SRI.DINESH KUMAR K.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR - 670 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY - 670 101.
5 THE ASSISTANT EDUCATIONAL OFFICER,
KUTHUPARAMBA SUB DISTRICT,
KANNUR - 670 643.
SRI. JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) NO.9335 of 2022
2
JUDGMENT
The petitioner has submitted Ext.P6 application for
transfer of management of East Kadirur L.P. School, an
aided lower primary school in her favour in the
prescribed form. However, Ext.P6 application was
rejected by the 5th respondent by Ext.P7. The
petitioner challenged Ext.P7 before the 2 nd respondent
and the 2nd respondent by Ext.P10 rejected the appeal.
Against Ext.P10 order of the 2nd respondent rejecting
Ext.P8 appeal, the petitioner has preferred Ext.P11
revision petition before the 1st respondent. The limited
prayer of the petitioner is for a consideration of Ext.P11
revision petition by the 1st respondent within a time
frame.
2. Heard the learned counsel for the petitioner
and the learned Government Pleader for the
respondents.
W.P(C) NO.9335 of 2022
3. In the facts and circumstances of the case
and in the nature of the limited prayer made by the
petitioner in the writ petition, there will be a direction
to the 1st respondent to consider Ext.P11 revision
petition, in accordance with law, after notice to the
petitioner and any other persons who the 1 st
respondent considers as entitled to be heard, within a
period of three months from the date of receipt of a
copy of this judgment. The petitioner shall produce a
copy of the writ petition with exhibits along with a
certified copy of the judgment before the 1 st
respondent.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR W.P(C) NO.9335 of 2022
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE ORDER NO.D.DIS.1352/82 DATED 11.04.1983 OF THE 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE OF SRI.BHARATHAN DATED 19.12.2017. EXHIBIT P3 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE NO.K.DIS.B4/1109/2017 DATED 18.04.2018 ISSUED BY TAHSILDAR, THALASSERY.
EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.02.2018 ISSUED BY VILLAGE OFFICER, PATYAM.
EXHIBIT P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 16.11.2019 ISSUED BY SECRETARY, PATYAM GRAMA PANCHAYAT.
EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT DATED 18.10.2018 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.K.DIS.E/3139/2018 DATED 02.02.2019 ISSUED DBY THE 5TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.11.20219. EXHIBIT P9 TRUE COPY OF THE HEARING REPORT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.12.2020. EXHIBIT P10 TRUE COPY OF THE ORDER NO.G4/9426/2019/DGE DATED 16.04.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
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