Kerala High Court
Sudheesh T vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 9167 OF 2022
PETITIONER/S:
1 SUDHEESH T.,
AGED 45 YEARS
S/O. VASU, PRESIDENT, PARENT TEACHERS
ASSOCIATION, MANNUR NORTH AUP SCHOOL, MANNUR
P.O., KADALUNDI ROAD, KOZHIKODE-673328.
2 PRASEED K.,
AGED 50 YEARS
S/O. SANKARAN, CONVENER, JANAKEEYA SAMITHI,
MANNUR NORTH AUP SCHOOL, MANNUR P.O., KADALUNDI
ROAD, KOZHIKODE-673328.
BY ADVS.
T.T.MUHAMOOD(K/1026/1995)
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DDE, KOZHIKODE-673004.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DEO, KOZHIKODE-673004.
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE AEO, FEROKE, KOZHIKODE-673631.
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W.P.(C). No. 9167 of 2022
6 THE MANAGER,
MANNUR NORTH AUP SCHOOL, MANNUR,
KADALUNDI ROAD, KOZHIKODE-673328.
BY ADVS.
K.RAKESH ROSHAN
B.V.DEEPU
OTHER PRESENT:
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 9167 of 2022
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W.P.(C). No. 9167 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 9167 of 2022
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Dated this the 1st day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i. A writ of mandamus or any other appropriate writ
order or direction the 1st respondent to take over the
management of Mannur North AUP School, Mannur.
ii. A writ of mandamus or any other appropriate, writ
order or direction, directing the respondents to carry out
proper maintenance of the building to ensure that the
fitness certificate is received to run the classes.
iii. A writ of mandamus or any other appropriate, writ
order or direction, directing the 1 st respondent to consider
and pass orders on Ext:P1 representation within the time
stipulated by this Hon'ble Court. And
such other order or direction which this Hon'ble Court
may deem fit and proper to grant in the circumstances of
the case." (sic)
2. The main grievance of the petitioners is that the
manager of the School is not carrying out the maintenance of the
school and the same is causing danger to the life of the students.
W.P.(C). No. 9167 of 2022
The counsel appearing for the 6th respondent submitted that the 6th
respondent is appointed as the manager very recently. The
counsel also submitted that the fitness certificate of the school is
already obtained. Whatever that may be, the petitioners
submitted Ext.P2 before the 1st respondent. Without expressing
anything on merit, there can be a direction to the 1 st respondent to
consider the same with notice to the manager.
Therefore this writ petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P2, as expeditiously as
possible at any rate within four months from the date of
receipt of a copy of this judgment after affording an
opportunity of hearing to the petitioner and the manager
of the school.
W.P.(C). No. 9167 of 2022
2. Before passing final orders in the representation, the
1st respondent will get a report from the 2nd respondent
also.
3. The petitioners will produce a certified copy of this
judgment along with a copy of this writ petition before
the 1st respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 9167 of 2022
APPENDIX OF WP(C) 9167/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PHOTOGRAPHS SHOWING THE
CONDITION OF THE BUILDING.
Exhibit P2 TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT ON 28/12/2021.
