The Sakthi Educational And Cultural ... vs State Of Kerala
2024 Latest Caselaw 10739 Ker

Kerala High Court

The Sakthi Educational And Cultural ... vs State Of Kerala on 12 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                        WP(C) NO. 15416 OF 2024
PETITIONER/S:

          THE SAKTHI EDUCATIONAL AND CULTURAL TRUST
          CHITHARA P.O., KOLLAM, REPRESENTED BY ITS CHAIRMAN
          SMT.SUDHARMA S., W/O.LATE PRAYAR GOPALA KRISHNAN, AGED
          66 YEARS AND MANAGER AYIRUKUZHI U.P.S. CHITHARA,
          CHITHARA P.O., KOLLAM, RESIDING AT PRAYAR HOUSE,
          CHITHARA P.O., KOLLAM, PIN - 691559
          BY ADVS.
          B.MOHANLAL
          P.S.PREETHA
          ASWIN V. NAIR
          BIJITH S.KHAN


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          THEVALLY P.O, KOLLAM, PIN - 691009
    4     THE ASSISTANT EDUCATIONAL OFFICER
          CHADAYAMANGALAM, CHADAYAMANGALAM P.O., KOLLAM, PIN -
          691534

OTHER PRESENT:

          ADV NISHA BOSE- GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2
W.P.C No. 15416 of 2024

                            JUDGMENT

The petitioner is aggrieved by the rejection of approval of the

constitution of the Trust and the approval of appointment of the

Manager of the school by the authorities concerned. Being

aggrieved by the orders rejecting the same, the petitioner now

submitted Ext.P23 before the 1st respondent, which is now pending

consideration.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this Writ

Petition, since the decision has to be taken in Ext.P23 for resolving

the dispute in this case. Accordingly, this Writ Petition is disposed

of directing the 1st respondent to take up Ext.P23 and pass

appropriate orders thereon in accordance with law, after hearing

the petitioner and the affected parties, if any. The orders in this

regard shall be passed within a period of four months from the

date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

APPENDIX OF WP(C) 15416/2024

PETITIONER EXHIBITS Exhibit - P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO:2042/1979 OF CHADAYAMANGALAM ADDITIONAL SUB REGISTRY DATED 02/05/1979 Exhibit -P2 THE TRUE COPY OF THE LAND TAX RECEIPT REMITTED IN FAVOUR OF THE TRUST DATED 26/04/2023 FOR THE YEAR 2022-2023 ISSUED BY THE VILLAGE OFFICER, MANKODE Exhibit -P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO:64666793 DATED 27/04/2022 ISSUED BY THE VILLAGE OFFICER, MANKODE VILLAGE Exhibit -P4 THE TRUE COPY OF THE ORDER G.O. (MS)NO:126/79/EDN. DATED 31/07/1979 ISSUED BY THE GOVERNMENT Exhibit -P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE TRUST DEED NO:5186/1979 OF KADAKKAL SUB REGISTRY DATED 01/12/1979 Exhibit -P6 THE TRUE COPY OF THE EXCHANGE DEED NO:24/1984 DATED 05/03/1984 OF KADAKKAL SUB REGISTRY Exhibit -P7 THE TRUE COPY OF THE RELEVANT PAGES OF THE EXCHANGE DEED NO:66/1984 DATED 23/06/1984 OF KADAKKAL SUB REGISTRY IN FAVOUR OF THE PETITIONER Exhibit -P8 THE TRUE COPY OF THE RELEVANT PAGES OF THE EXCHANGE DEED NO:149/2004 DATED 14/12/2004 OF KADAKKAL SUB REGISTRY EXECUTED IN FAVOUR OF SMT.VENIKRISHNA, THE DAUGHTER OF THE PETITIONER Exhibit -P9 THE TRUE COPY OF THE CIRCULAR NO:G.EDN-

F2/85/2021/GEDN. DATED 24/11/2021 ISSUED BY THE GOVERNMENT Exhibit -P10 THE TRUE COPY OF THE JUDGMENT DATED 18.03.2022 IN W.P.(C)NO.9327/2022 THIS HON'BLE COURT

Exhibit -P11 THE TRUE COPY OF THE LEGAL HEIR-SHIP CERTIFICATE NO.A-12487/2022/K.DIS DATED 14.09.2022 ISSUED BY THE TAHDILDAR, TALUK OFFICE, KOTTARAKKARA Exhibit -P12 THE TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)NO.4196/2022/G.EDN DATED 18.07.2022 Exhibit -P13 THE TRUE COPY OF THE MINUTES OF THE MEETING DATED 11.06.2022 OF THE TRUST MANAGING COMMITTEE Exhibit -P14 THE TRUE COPY OF THE APPLICATION DATED 21/07/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit -P15 THE TRUE COPY OF THE APPLICATION DATED 21.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit -P16 THE TRUE COPY OF THE ORDER NO.DDEKLM/5082/2022-B2 DATED 03.01.2023 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit -P17 THE TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 03/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P18 THE TRUE COPY OF THE G.O. (RT)NO:4867/2021/G.EDN. DATED 29/10/2021 ISSUED BY THE GOVERNMENT Exhibit -P19 THE TRUE COPY OF THE JUDGMENT IN W.P. (C)NO:14255/2021 DATED 16/07/2021 OF THIS HON'BLE COURT Exhibit -P20 THE TRUE COPY OF THE JUDGMENT DATED 25/04/2023 IN W.P.(C)NO:14377/2023 OF THIS HON'BLE COURT Exhibit -P21 THE TRUE COPY OF THE HEARING NOTE DATED 25/07/2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit -P22 THE TRUE COPY OF THE ORDER NO:F4/7486/2023/D.G.E. DATED 16/08/2023 ISSUED BY THE 2ND RESPONDENT

Exhibit -P23 THE TRUE COPY OF THE REVISION DATED 12/10/2023 FILED BY THE PETITIONER BEFORE THE GOVERNMENT