Kerala High Court
Sunil S Emmatty vs The State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 38485 OF 2022
PETITIONER/S:
SUNIL S EMMATTY,
AGED 52 YEARS
S/O SUNNY, EMMATTY HOUSE,
WARD NO.2, HAPPY NAGAR, ELANJIKULAM, NADATHARA,
THRISSUR DISTRICT. PIN: 680751.
PRESIDENT, PARENT TEACHERS ASSOCIATION,
CHALDEAN SYRIAN HIGHER SECONDARY SCHOOL,
THRISSUR, THRISSUR DISTRICT.PIN:680 001.
BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD.P.O,
THIRUVANANTHAPURAM. PIN: 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
COLLECTORATE, AYYANTHOLE,
THRISSUR DISTRICT. PIN: 680003.
4 THE DISTRICT EDUCATIONAL OFFICER, THRISSUR,
THRISSUR DISTRICT. PIN: 680001.
5 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, EDAPPALLY,
ERNAKULAM DISTRICT. PIN: 682024.
WP(C) NO. 38485 OF 2022
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6 THE MANAGER,
CHALDEAN SYRIAN HIGHER SECONDARY SCHOOL,
THRISSUR DISTRICT, PIN-680 001.
7 THE PRINCIPAL,
CHALDEAN SYRIAN HIGHER SECONDARY SCHOOL,
THRISSUR DISTRICT, PIN-680 001.
8 PRINCE.M.R.,
MALIYEKKAL HOUSE, NELLIKUNNU P.O.,
THRISSUR DISTRICT, PIN-680 005
(FORMER PTA PRESIDENT).
9 JOISON PAUL,
KOTTAYATHUKARAN HOUSE, KACHERI,
THRISSUR DISTRICT, PIN-680 005,
(FORMER PTA VICE PRESIDENT).
BY ADVS.
VIJAYALAKSHMI M U
K.JAJU BABU (SR.)(K/116/1981)
BRIJESH MOHAN(K/1851/1999)
SMT ANIMA GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38485 OF 2022
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JUDGMENT
The petitioner states that he has been elected as the President of the
Parent Teacher Association (PTA) Committee of the Chaldean Syrian Higher
Secondary School, Thrissur, on 29.09.2022 by a duly constituted committee.
However, the 3rd respondent has issued Ext. P6 Communication, wherein it is
stated that the General Body to the present academic year was not convened
in accordance with the guidelines and circulars issued by the Educational
Authorities. The petitioner states that, thereafter, Ext. P7 has been issued by
the DEO reiterating the assertions in Ext. P6. Being aggrieved, the petitioner
is stated to have preferred Ext. P10 representation before the 2nd respondent.
It is on these assertions that this writ petition is filed seeking to quash Ext. P6
and P7 and for a declaration that the Annual General Body of PTA held during
the academic year 2022-23 is valid and proper and for ancillary reliefs.
2. When this writ petition is taken up for consideration, Sri. C.D. Dileep,
the learned counsel appearing for the petitioner, submits that directions be
issued to the 2nd respondent to consider and pass orders on Ext. P10 and also
to permit the legally constituted Executive Committee to continue
notwithstanding Ext. P6 and P7.
WP(C) NO. 38485 OF 2022
3. I have heard Sri. Brijesh Mohan, the learned counsel appearing for
the 6th respondent and Smt. Anima M., the learned Government Pleader.
4. Though notice has been issued to respondents 7 to 9, they have not
chosen to appear either in person or through counsel.
5. After having carefully evaluated the contentions raised in this writ
petition, the submissions made across the Bar, and the facts and
circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 2nd respondent to take up,
consider and pass appropriate orders on Ext.P10, after affording
an opportunity of being heard, either physically or virtually, to the
petitioner herein or his authorized representative and the
respondents 6 to 9.
b) Orders, as directed above, shall be passed expeditiously,
in any event, within two months from the date of production of a
copy of this judgment.
c) It would be open to the petitioner to file appropriate
application before the 2nd respondent to permit the newly
constituted Executive Committee to continue, and if any such
WP(C) NO. 38485 OF 2022
application is filed for interim relief, the same shall be considered
and order shall be passed within two weeks with notice to all
concerned.
d) It would be open to the petitioner to produce a copy of
the writ petition along with the judgment before the concerned
respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 38485 OF 2022
APPENDIX OF WP(C) 38485/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER GO(P).NO126/2007
G.EDN DATED. 25/06/2007.
Exhibit P2 A TRUE COPY OF THE CIRCULAR NUMBER DGE-11055/2022-H1
WITH COVERING LETTER DATED 15/09/2022.
Exhibit P3 A TRUE COPY OF THE EXTRACT OF MINUTES OF GENERAL
BODY 2022-2023.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF EXTRACT OF
MINUTE'S BOOK SHOWING MINUTES OF PTA EXECUTIVE
COMMITTEE DATED 29/09/2022.
Exhibit P5 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE
SECRETARY TO THE 4TH RESPONDENT DATED 18.10.2022
HANDED OVER TO THE PETITIONER.
Exhibit P6 A TRUE COPY OF THE NOTICE OF THE DEPUTY DIRECTOR
DDETSR/7698/22 HS DATED 03/11/2022.
Exhibit P7 A TRUE COPY OF THE LETTER NO.B4 6331/2022 DATED
05/11/2022 FURNISHED BY THE 7TH RESPONDENT TO THE
PETITIONER.
Exhibit P8 A TRUE COPY OF THE EXTRACT OF RELEVANT PAGES OF THE
MINUTE'S BOOK SHOWING PROCEEDINGS OF EXECUTIVE
COMMITTEE MEETING CONVENED ON 22/09/2022.
Exhibit P9 A TRUE COPY OF THE EXTRACT OF RELEVANT PAGE OF THE
MINUTE'S BOOK SHOWING PROCEEDINGS OF COMMITTEE
MEETING OF THE FORMER EXECUTIVE COMMITTEE MEMBERS
CONVENED ON 10.11.2022.
Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 15/11/2022
TO THE 2ND RESPONDENT DGE.
