The Sakthi Educational And ... vs State Of Kerala
2023 Latest Caselaw 5331 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                      WP(C) NO. 14377 OF 2023
PETITIONER:

             THE SAKTHI EDUCATIONAL AND CULTURAL TRUST CHITHARA
             CHITHARA P.O., KOLLAM - 691 559
             REPRESENTED BY ITS CHAIRMAN SMT.SUDHARMA S.,
             W/O.LATE PRAYAR GOPALA KRISHNAN, AGED 65 YEARS AND
             MANAGER AYIRUKUZHI U.P.S. CHITHARA, CHITHARA P.O.,
             KOLLAM - 691 559, RESIDING AT PRAYAR HOUSE,
             CHITHARA P.O., KOLLAM, PIN - 691559
             BY ADVS.
             B.MOHANLAL
             ASWIN V. NAIR
             BIJITH S.KHAN(K/813/2013)


RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY TO
             GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2      THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014
      3      THE DEPUTY DIRECTOR OF EDUCATION
             THEVALLY P.O, KOLLAM, PIN - 691009
      4      THE ASSISTANT EDUCATIONAL OFFICER
             CHADAYAMANGALAM, CHADAYAMANGALAM P.O., KOLLAM, PIN
             - 691534
             BY SRI.ARUN CHANDY, GP

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    25.04.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14377 OF 2023

                                         2



                       MOHAMMED NIAS. C.P.,J
                                ------------
                         WP(C)No. 14377 of 2023
                        - - - - - - - - - - - - - - - - - - ----
                    Dated this the 25th day of April, 2023


                                  JUDGMENT

The petitioner has approached this Court seeking a direction to the

second respondent to consider and pass orders on Ext.P18 appeal against

Ext.P17 order.

2. Having considered the submissions of the counsel for the

petitioner as well as the respondents, I am of the opinion that this writ

petition itself can be disposed of with a direction.

3. Accordingly, there will be a direction to the second respondent to

consider and pass orders on Ext.P18 appeal, after hearing all the affected

parties, within two months. The petitioner will also be free to move a stay

application before the said respondent, if so advised.

The writ petition is disposed of as above.

Sd/- MOHAMMED NIAS. C.P.,JUDGE

dlK 25.4.2023 WP(C) NO. 14377 OF 2023

APPENDIX OF WP(C) 14377/2023

PETITIONER'S EXHIBITS Exhibit-P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO:2042/1979 OF CHADAYAMANGALAM ADDITIONAL SUB REGISTRY Exhibit-P2 THE TRUE COPY OF THE LAND TAX RECEIPT REMITTED IN FAVOUR OF THE TRUST DATED 26/04/2023 FOR THE YEAR 2022-2023 ISSUED BY THE VILLAGE OFFICER, MANKODE Exhibit-P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO:64666793 DATED 27/04/2022 ISSUED BY THE VILLAGE OFFICER, MANKODE VILLAGE Exhibit-P4 THE TRUE COPY OF THE G.O.

(MS)NO:126/79/EDN. DATED 31/07/1979 ISSUED BY THE GOVERNMENT Exhibit-P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE TRUST DEED NO:5186/1979 OF KADAKKAL SUB REGISTRY DATED 01/12/1979 Exhibit-P6 THE TRUE COPY OF THE EXCHANGE DEED NO:24/1984 DATED 05/03/1984 OF KADAKKAL SUB REGISTRY Exhibit-P7 THE TRUE COPY OF THE RELEVANT PAGES OF THE EXCHANGE DEED NO:66/1984 DATED 23/06/1984 OF KADAKKAL SUB REGISTRY Exhibit-P8 THE TRUE COPY OF THE RELEVANT PAGES OF THE EXCHANGE DEED NO:149/2004 DATED 14/12/2004 OF KADAKKAL SUB REGISTRY Exhibit-P9 THE TRUE COPY OF THE APPLICATION DATED 05/12/2021 SUBMITTED BY THE PETITIONER AND HER DAUGHTER SMT.VENIKRISHNA BEFORE THE GOVERNMENT Exhibit-P10 THE TRUE COPY OF THE CIRCULAR NO:G.EDN-

F2/85/2021/G.EDN. DATED 24/11/2021 ISSUED WP(C) NO. 14377 OF 2023

BY THE GOVERNMENT.

Exhibit-P11 THE TRUE COPY OF THE JUDGMENT DATED 18.03.2022 IN W.P.(C)NO.9327/2022 OF THIS HON'BLE COURT.

Exhibit-P12 THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.A-12487/2022/K.DIS DATED 14.09.2022 ISSUED BY THE TAHDILDAR, TALUK OFFICE, KOTTARAKKARA Exhibit-P13 THE TRUE COPY OF THE ORDER G.O.

(RT)NO.4196/2022/G.EDN DATED 18.07.2022 ISSUED BY THE GOVERNMENT.

Exhibit-P14 THE TRUE COPY OF THE MINUTES OF THE MEETING DATED 11.06.2022 OF THE TRUST MANAGING COMMITTEE Exhibit-P15 THE TRUE COPY OF THE APPLICATION DATED 21.07.2022 SUBMITTED BY THE MANAGING COMMITTEE OF THE TRUST ALONG WITH THE TRUSTEES BEFORE THE 4TH RESPONDENT. Exhibit-P16 THE TRUE COPY OF THE APPLICATION DATED 21.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT THROUGH PROPER CHANNEL Exhibit-P17 THE TRUE COPY OF THE ORDER NO.DDEKLM/5082/2022-B2 DATED 03.01.2023 ISSUED BY THE 3RD RESPONDENTALONG WITH TYPED COPY Exhibit-P18 THE TRUE COPY OF THE STATUTORY APPEAL DATED 03/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P19 THE TRUE COPY OF THE G.O.

(RT)NO:4867/2021/G.EDN. DATED 29/10/2021 ISSUED BY THE GOVERNMENT