Kerala High Court
Manager ( P.V.Raveendran) 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. 15817 OF 2024
PETITIONER/S:
MANAGER (P.V.RAVEENDRAN)
AGED 64 YEARS, S/O. LATE P.V. KESAVAN NAMBOOTHIRI,
MANAGER, KOROM DEVISAHAYAM AUP SCHOOL, PAYYANNUR,
KANNUR DISTRICT - 670 307 ( RESIDING AT PULLERI
VADHYAR ILLAM, KOROM, KOROM VILLAGE,
CHALAKODE P.O. KANNUR, PIN - 670 307.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
GOVERNMENT TTI FOR MEN COMPOUND,
KANNUR DISTRICT, PIN - 670 002.
4 THE DISTRICT EDUCATIONAL OFFICER
REVENUE TOWER, COURT ROAD, TALIPARAMBA,
KANNUR DISTRICT, PIN - 670 141.
5 THE ASSISTANT EDUCATIONAL OFFICER
ANNUR ROAD, PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
W.P.(C) No.15817 OF 2024
2
6 THE HEAD MASTER
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
7 SRI. AMAR T.G
AGED 31 YEARS, S/O GOPALAN.T., UPSA,
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307
(RESIDING AT SONA NIVAS, KOROM, CHALAKKODE P.O.,
PAYYANNUR, KANNUR DISTRICT, PIN - 670 307.
8 SRI. AJITH SHANKAR A.V
AGED 26 YEARS, S/O A.V KESHAVAN NAMBOOTHIRI,
PEON, KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307 (RESIDING AT AMBILI
VADAKKE ILLAM, PALLITHARA, KOROM P.O., PAYYANUR,
KANNUR DISTRICT, PIN - 670 307.
9 SMT. SREEDEVI O.P
AGED 27 YEARS, D/O ARJUN P.V., LPSA,
KOROM DEVISAHAYAM AUP SCHOOL, PAYYANUR,
KANNUR DISTRICT - 670 307 (RESIDING AT PULLERI
ILLAM, KOROM, , CHALAKKODE P.O., PAYYANNUR,
KANNUR DISTRICT, PIN - 670 307.
OTHER PRESENT:
ADV NISHA BOSE-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.15817 OF 2024
3
JUDGMENT
As per Ext.P23 order, management of the School in
which the petitioner is the Manager, is ordered to be taken
over by the Government by appointing the Educational Officer
as the Manager. Being aggrieved by the same, Ext.P24
review petition has been submitted by the petitioner before
the 1st respondent, which is now pending consideration.
2. After hearing the learned counsel for the petitioner
and the learned Government Pleader, this writ petition is
disposed of directing the 1 st respondent to take up Ext.P24
review petition and to pass appropriate orders thereon in
accordance with law, after hearing the petitioner and other
affected parties, if any. A decision in this regard shall be
taken up within a period four months from the date of receipt
of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A. A.,
JUDGE
S.M.K.
W.P.(C) No.15817 OF 2024
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.3876/1985
OF SRO PAYYANUR
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT
EDUCATIONAL OFFICER NO. C/26/2011 K.DIS DATED
27.03.2013
Exhibit P3 TRUE COPY OF THE TRUST DEED DATED 27.01.2023
Exhibit P4 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
OF THE DECEASED MANAGER DATED 30.10.2021
Exhibit P5 TRUE COPY OF THE NO OBJECTION DECLARATION OF
THE MEMBERS OF THE EDUCATIONAL AGENCY
Exhibit P6 TRUE COPY OF THE BYE- LAW OF THE PETITIONER
Exhibit P7 TRUE COPY THE LETTER OF THE ASSISTANT
EDUCATIONAL OFFICER DATED 27.09.2023
Exhibit P8 TRUE COPY OF THE SUBMISSION MADE BY THE
MANAGER BEFORE THE AEO DATED 21.11.2023
Exhibit P9 TRUE COPY OF THE SUBMISSION MADE BY THE
MANAGER BEFORE THE DDE DATED 21.11.2023
Exhibit P 10 TRUE COPY OF THE DECLARATION MADE BY THE
MANAGER STATING THAT NO MANAGEMENT DISPUTE IS
PENDING WITH RESPECT TO THE SCHOOL
Exhibit P 11 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH
RESPONDENT DATED 15.07.2020
Exhibit P 12 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH
RESPONDENT DATED 01.02.2021
Exhibit P 13 TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH
RESPONDENT DATED 01.06.2022
W.P.(C) No.15817 OF 2024
Exhibit P 14 TRUE COPY OF LETTER NO. C/14364/2021 DATED
06.01.2022 OF THE AEO, PAYYANNUR ADDRESSING
THE MANAGER
Exhibit P 15 TRUE COPY OF THE LETTER NO. C/7157/2021 DATED
06.01.2022 OF THE AEO, PAYYANNUR ADDRESSING
THE MANAGER
Exhibit P 16 TRUE COPY OF THE LETTER NO. C/30129/2022
DATED 15.07.2022 OF THE AEO, PAYYANNUR
ADDRESSING THE MANAGER
Exhibit P 17 TRUE COPY OF THE DECISION REPORTED IN 2002
KHC 88 (2002 (1) KLT 406) ( MANAGER , ST.
MARY'S HS V BEJI ABRAHAM) DATED 21.12.2001
Exhibit P 18 TRUE COPY OF THE DECISION REPORTED IN 2007
KHC 3371 ( 2007 (1) KLT 127 ) ( G. SOMANATTHA
PILLAI V STATE OF KERALA AND OTHERS) DATED
20.10.2006
Exhibit P 19 TRUE COPY OF THE G.O(RT) NO. 95/2019/G.EDN
DATED 10.01.2019 ISSUED BY THE GOVERNMENT
Exhibit P 20 TRUE COPY OF THE G.O(RT) NO. 1818/2019/G.EDN
DATED 21.05.2019 ISSUED BY THE GOVERNMENT
Exhibit P 21 TRUE COPY OF THE G.O(RT) NO. 4503/2019/G.EDN
DATED 29.10.2019 ISSUED BY THE GOVERNMENT
Exhibit P 22 TRUE COPY OF THE G.O(RT) NO. 5048/2019/G.EDN.
DATED 23.11.2019 ISSUED BY THE GOVERNMENT
Exhibit P 23 TRUE COPY OF THE GO ( RT) NO.680/2024/ G.EDN
DATED 24.01.2024 ISSUED BY THE GOVERNMENT
Exhibit P 24 TRUE COPY OF THE REVIEW PETITION DATED
31.01.2024 BEFORE THE GOVERNMENT
