K K Kamalakshi vs State Of Kerala
2023 Latest Caselaw 4244 Ker

Citation : 2023 Latest Caselaw 4244 Ker
Judgement Date : 31 March, 2023

Kerala High Court

K K Kamalakshi vs State Of Kerala on 31 March, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         W.P.(C) NO.11627 OF 2023
PETITIONER:

              K.K. KAMALAKSHI,
              AGED 80 YEARS, D/O. MATHA,
              KAMALA NIVAS,
              P.O. KUTHIRAVATTOM, KOZHIKODE DISTRICT-673 016.

              BY ADV. DINESH KUMAR K.

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENRT,
              GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

     2        THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY, TYHIRUVANANTHAPURAM-695 014.

     3        THE DEPUTY DIRECTOR OF EDUCATION,
              CIVIL STATION, KOZHIKKODE-673 001.

     4        THE DISTRTICT EDUCATIONAL OFFICER,
              VADAKARA, KOZHIKODE DISTRICT-673 101.

     5        THE ASSISTANT EDUCATIONAL OFFICER,
              VADAKARA, KOZHIKODE DISTRICT-673 101.

     6        SRI. K.K. MUKUNDAN,
              AYILLYAM HOUSE,
              ARIKKAD P.O., KOZHIKODE-673 027.

     7        SMT. C.M. REKHA
              MANAGER, PUTHUPPANAM NORTH SB SCHOOL,
              P.O. PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT-673 105.

              SMT. NISHA BOSE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         -2-
W.P.(C) NO.11627 OF 2023


                      P.V. KUNHIKRISHNAN, J.
             -----------------------------------------------
                     W.P.(C) No.11627 of 2023
             -----------------------------------------------
              Dated this the 31st day of March, 2023

                               JUDGMENT

The above writ petition is filed with following prayers:

(i) call for the records relating to Exhibits P-5 and P-6 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th Respondent to refrain from acting as Manager of the School by the 7 th Respondent, pending disposal of the writ Petition.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-7 after affording an opportunity of being heard to the Petitioner within a time limit.

iv) dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

W.P.(C) NO.11627 OF 2023

2. In connection with the management dispute, the

petitioner submitted Ext.P7 before the 1 st respondent. When this

writ petition came up for consideration, the counsel for the

petitioner submitted that the petitioner will be satisfied if a

direction is issued to the 1st respondent to consider Ext.P7 within

a time limit.

3. Heard the learned Government Pleader also.

4. The way in which the writ petition is going to be

disposed of no notice is necessary to the 6 th respondent. If the 6th

respondent is aggrieved by any of the directions issued by this

Court, the 6th respondent is free to file a review petition.

5. Since the limited prayer of the petitioner is only for

consideration of Ext.P7 by the 1st respondent. I think the writ

petition can be allowed on condition that the 1 st respondent will

hear the petitioner and the 6 th respondent before passing final

orders.

Therefore, this writ petition is disposed of in the following

directions:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P7, as expeditiously

W.P.(C) NO.11627 OF 2023

as possible, at any rate, within four months from the date of receipt a certified copy of this judgment.

2. Before passing final orders, the 1 st respondent will give an opportunity of hearing to the petitioner and the 6th respondent.

3. If the 1st respondent is of the opinion that the matter is to be considered by the 2nd respondent, the 1st respondent can forward Ext.P7 to the 2 nd respondent in accordance with law.

4. The petitioner 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 bpr

W.P.(C) NO.11627 OF 2023

APPENDIX OF WP(C) 11627/2023

PETITIONER'S EXHIBITS

Exhibit P 1 TRUE COPY OF THE WILL EXECUTED BY MATHA DATED 5/4/1986

Exhibit2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25/4/2022

Exhibit P 3 TRUE COPY OF THE LAND TAX RERCEIPT DATED 25/4/2022

Exhibit p 4 TRUE COPY OF THE PATTAYAM ISSUED BY THE TAHSILDAR, LAND TRIBUNAL, KOZHIKODE DATED 15/10/2011

Exhibit P 5 TRUE COPY OF THE ORDER NO.G3/21712/08/DPIK.DIS DATED 18/10/2011 OF THE 2ND RESPONDENT

Exhibit P 6 TRUE COPY OF THE ORDER NO.