Kerala High Court
V.K.Vasudevan Namboodiri vs Assistant Educational Officer on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
WP(C) NO.26790 OF 2023
PETITIONER:
V.K.VASUDEVAN NAMBOODIRI, AGED 70 YEARS, S/O.NARAYANAN
NAMBOODIRI, MANAGER, POOMANGALAM AUP SCHOOL,
PANNIYOOR.P.O., KANNUR., PIN - 670142
BY ADVS.
BEJOY JOSEPH P.J.
M.RAMESH CHANDER (SR.)
M.VIJAYAKUMAR
GOVIND G. NAIR
BALU TOM
BONNY BENNY
RESPONDENTS:
1 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT
EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR - 670141
2 ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH,
KANNUR - 670602
3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT
EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR., PIN - 670141
*ADDL.R4 MADHUSOODHANAN M.P., AGED 60 YEARS, S/O. KUNHIKANNAN,
MEETHALE PURAYIL, NEAR KARUVANCHAL POST OFFICE,
P.O.KARUVANCHAL, KANNUR 670571
*[ADDL. R4 IS IMPLEADED AS PER ORDER DATED 22.08.2023
IN I.A.01/2023 IN WP(C)26790/2023.]
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
CHINNU MARIA ANTONY
SRI. PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.26790 of 2023
2
T.R.RAVI, J.
===========================
W.P(C) No.26790 of 2023
===========================
Dated this the 18th day of September, 2023
JUDGMENT
The petitioner has challenged Ext.P-17 issued by the
2nd respondent, whereby the authority has ordered that the
Poomangalam AUP School, shall be under the management
of the AEO, pending decision on the dispute regarding the
management. The order Ext.P-17 was issued pursuant to
the directions issued by this Court in the judgment dated
25.08.2022 in W.A No.1248/2022. This Court had directed
that the hearing pursuant to the judgment of this Court in
W.P(C) No.8721/2022 should be made by an AEO in the
district, other than the 2nd respondent in his capacity as
AEO. The District Educational Officer was directed to
nominate the AEO, who has to comply with the directions.
Pursuant to the directions, there has been a nomination.
W.P(C) No.26790 of 2023
After hearing, the AEO who was nominated, had ordered
that it is not possible to decide on the correctness of certain
documents which needs to be examined by some other
Investigating Agency. Thereafter, Ext.P-17 order has been
issued by the subsequent incumbent in Office. Admittedly,
before issuing Ext.P-17, the parties were not heard. On
that reason itself, Ext.P-17 is bad in law. The learned
counsel for the additional 4th respondent submitted that
they had challenged Ext.P-17 in statutory appeal and this
Court had in its judgment dated 04.09.2023 in W.P(C)
No.29052/2023, directed the appeal to be considered,
within two months. Since admittedly, Ext.P-17 has been
issued without hearing the parties, I do not think it is
necessary to relegate the petitioner to appellate remedy.
2. In such circumstances, Ext.P-17 is quashed. The
2nd respondent is directed to re-consider the issue, after
hearing the petitioner and the additional 4th respondent and
pass fresh orders. There is nothing further left in the appeal
W.P(C) No.26790 of 2023
filed by the 4th respondent, since the original order itself is
quashed.
In the above circumstances, the 2 nd respondent may
close the appeal filed by the 4 th respondent and return the
files to the 2nd respondent, for fresh consideration, as
directed above. Necessary orders shall be issued, within
two months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
vgd
W.P(C) No.26790 of 2023
APPENDIX OF WP(C) 26790/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 PHOTOSTAT COPY OF THE ORDER
NO.KDIS/C/4090/2015 DATED 10.12.2015.
EXHIBIT P2 PHOTOSTAT COPY OF THE COMMUNICATION OF THE
1ST RESPONDENT DATED 01.02.2018.
EXHIBIT P3 PHOTOSTAT COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 31.07.2018.
EXHIBIT P4 PHOTOSTAT COPY OF THE ORDER
NO.C.1257/2018KDIS DATED 20.04.2019 OF THE
ASSISTANT EDUCATIONAL OFFICER.
EXHIBIT P5 PHOTOSTAT COPY OF THE APPLICATION BEFORE THE
ASSISTANT EDUCATIONAL OFFICER WITHOUT THE
ENCLOSURES THEREIN DATED 26.07.2021.
EXHIBIT P6 PHOTOSTAT COPY OF THE ORDER NO.D/3018/2021
DATED 13.12.2021 ISSUED BY 1ST RESPONDENT.
EXHIBIT P7 PHOTOSTAT COPY OF THE JUDGMENT IN WPC
29771/2021 DATED 31.01.2022.
EXHIBIT P8 PHOTOSTAT COPY OF THE JUDGMENT IN WPC
8721/2022 DATED 03.08.2022.
EXHIBIT P9 PHOTOSTAT COPY OF THE JUDGMENT IN WA
1248/2022 DATED 25.08.2022.
EXHIBIT P10 PHOTOSTAT COPY OF THE ARGUMENT NOTES DATED
18.11.2022 TO THE 2ND RESPONDENT.
EXHIBIT P11 PHOTOSTAT COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 10.01.2023.
EXHIBIT P12 PHOTOSTAT COPY OF THE COMMUNICATION
FORWARDING THE REPORT TO THE DISTRICT
W.P(C) No.26790 of 2023
EDUCATIONAL OFFICER DATED 10.01.2023
EXHIBIT P13 PHOTOSTAT COPY OF THE INFORMATION SUPPLIED
TO THE PETITIONER DATED 24.03.2023 UNDER THE
RIGHT TO INFORMATION ACT.
EXHIBIT P14 PHOTOSTAT COPY OF THE INFORMATION GIVEN TO
THE PETITIONER.
EXHIBIT P15 : PHOTOSTAT COPY OF THE APPLICATION FOR
FITNESS CERTIFICATE TO THE SCHOOL BUILDING
TO THE ASSISTANT ENGINEER, KURUMATHUR GRAMA
PANAHCYAT DATED 21.03.2023.
EXHIBIT P16 PHOTOSTAT COPY OF THE APPOINTMENT ORDER OF
NEETHU. P. DATED 01.06.2020.
EXHIBIT P17 PHOTOSTAT COPY OF THE ORDER BEARING NO.
AEOTPS/339/2023 DATED 22.07.2023 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P18 PHOTOSTAT COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO. 16315/2023 DATED
07.08.2023.
RESPONDENT'S EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE APPEAL FILED BY THE
PROPOSED ADDITIONAL 4TH RESPONDENT BEFORE
THE DIRECTOR GENERAL OF EDUCATION DATED
17.08.2023
ANNEXURE R4(A) TRUE COPY OF THE ORDER NO.B3/25114/2006/ADIS
DATED 22.12.2006 BYE-LAW OF MALABAR
EDUCATIONAL TRUST.
ANNEXURE R4(B) TRUE COPY OF THE CHALLAN FOR PAYMENT OF
MONEY REGARDING BUILDING FITNESS DATED
29.03.2023.
