Jalaludheen vs State Of Kerala
2024 Latest Caselaw 10580 Ker

Kerala High Court

Jalaludheen vs State Of Kerala on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 15028 OF 2024
PETITIONERS:

    1     JALALUDHEEN
          AGED 85 YEARS
          S/O. LATE. MUHAMMED KASIM, THENGUVILA VEEDU,
          PALACHIRA P.O., MUDIYACODE DESOM, CHERUNIYOOR VILLAGE,
          VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT.,
          PIN - 695143

    2     JALEELA BEEVI
          AGED 83 YEARS
          D/O. LATE. MUHAMMED KASIM, SHAJIL MANZIL, 306, ANCHAL,
          THADIKKADU P.O., ARAKKAL VILLAGE, PUNALUR TALUK,
          KOLLAM DISTRICT., PIN - 691306

    3     SHAHEEDA BEEGUM
          AGED 73 YEARS
          D/O. LATE. MUHAMMED KASIM, A.S. MANZIL, PAPPALA,
          PAZHAYA KUNNUMMAL VILLAGE, KILIMANOOR P.O.,
          CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.,
          PIN - 695601

    4     RASHEEDA BEEGUM
          AGED 68 YEARS
          D/O. LATE. MUHAMMED KASIM, MAS MANZIL,
          CHEMMARUTHY DESOM, PALACHIRA P.O., CHERUNIYOOR VILLAGE,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695143

    5     ILMUNISA BEEGUM
          AGED 57 YEARS
          D/O. LATE. MUHAMMED KASIM, THENGUVILA VEEDU,
          MUDIYACODE DESOM, PALACHIRA P.O., CHERUNIYOOR VILLAGE,
          VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT.,
          PIN - 695143

          BY ADVS.
          P.M.SANEER
          SHAJIN S.HAMEED
 WP(C) NO. 15028 OF 2024
                                 2

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
            GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN
            - 695001

    2       THE DIRECTOR OF GENERAL EDUCATION
            DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM, PIN - 695104

    3       THE ASSISTANT EDUCATIONAL OFFICER, VARKALA,
            ASSISTANT EDUCATIONAL OFFICE, VARKALA,
            VARKALA P.O., THIRUVANANTHAPURAM DISTRICT.,
            PIN - 695141

    4       MUNEERUDHEEN,
            PREVIOUS MANAGER, 'PALACHIRA HHTM UP SCHOOL',
            VARKALA, RESIDING AT THENGUVILA VEEDU, PALACHIRA
            P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN -
            695143



            ADV NISHA BOSE-GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   11.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15028 OF 2024
                                  3

                             JUDGMENT

The petitioners, who form part of a corporate agency for the

management of Palachira Habeeb Haji Thangal Memorial UP School,

submitted Ext.P8 application before the 3rd respondent, for

appointment of Mr.Mansoorudheen as the Manager of the said school.

The grievance of the petitioners is that, the same is not being

considered, despite the fact that, it was submitted on 17.02.2024.

According to the petitioners, the inaction on the part of the 3rd

respondent is causing serious difficulties in the administration of the

school.

After hearing the learned counsel for the petitioners and learned

Government Pleader, I am inclined to dispose of this writ petition by

directing the 3rd respondent to take up Ext.P8 and to pass appropriate

orders thereon in accordance with law after hearing the petitioners,

within a period of one month from the date of receipt of a copy of this

judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 15028 OF 2024

APPENDIX OF WP(C) 15028/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 08/03/2023 IN R.S.A.NO.270/2021 OF THIS HONORABLE COURT.

Exhibit-P2 A TRUE COPY OF THE SETTLEMENT DEED NO.DOC 906/2023 DATED 22/06/2023 OF SRO VARKALA.

Exhibit-P3         A TRUE COPY OF THE LAND TAX RECEIPTS
                   ISSUED    BY   THE    VILLAGE    OFFICER,
                   CHERUNIYOOR   IN    THE   NAME   OF   THE

PETITIONERS DATED 22/07/2023. Exhibit-P4 A TRUE COPY OF THE DEED NO IV-7/2024 OF TRUST DATED 16/02/2024.

Exhibit-P5 A TRUE COPY OF THE ORDER NO.

AEOVAK/1378/2023-D DATED 03/01/2024 ISSUED BY THE 3RD RESPONDENT.

Exhibit-P6 A TRUE COPY OF THE MINUTES DATED 10/02/2024 OF THE SCHOOL APPOINTING MANSOORUDHEEN AS THE MANAGER OF HHTM UP SCHOOL Exhibit-P7 A TRUE COPY OF THE APPLICATION/REPRESENTATION GIVEN BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 17/02/2024.

Exhibit-P8         A       TRUE       COPY       OF      THE
                   APPLICATION/REPRESENTATION          DATED

17/02/2024 WHICH WAS ACKNOWLEDGED BY THE 3RD RESPONDENT.

Exhibit-P9         A       TRUE       COPY       OF      THE
                   APPLICATION/REPRESENTATION          DATED

04/03/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit-P10        A       TRUE       COPY       OF      THE
                   APPLICATION/REPRESENTATION          DATED

11/03/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.