Kerala High Court
Sreekala.K vs State Of Kerala on 27 June, 2024
WPC.No.23056/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 23056 OF 2024
PETITIONER:
SREEKALA.K.,
AGED 58 YEARS,
W/O.KRISHNADAS.T.V, MANAGER, NATIONAL HIGHER
SECONDARY SCHOOL, KOLATHUR.P.O.,MALAPPURAM,
RESIDING AT VARIER QUARTERS, OTTAPPALAM,
THOTTAKKARA, PALAKKAD, PIN - 679 102.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
GENERAL EDUCATION DEPARTMENT, DOWN HILL,
WPC.No.23056/24 2
MALAPPURAM, PIN - 676 519.
4 THE DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM, UP HILL, MALAPPURAM, PIN - 676 505.
5 THE ASSISTANT EDUCATIONAL OFFICER,
MANKADA, ANGADIPURAM, MALAPPURAM, PIN - 679 321.
6 THE HEADMASTER,
NATIONAL HIGHER SECONDARY SCHOOL,
KOLATHUR.P.O., MALAPPURAM, PIN - 679 338.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.23056/24 3
JUDGMENT
The petitioner is the approved manager of the National
Higher Secondary School, Kolathur, Malappuram, which is an
aided school. The petitioner seeks to shift the functioning of the
Upper Primary Section of the School to a different building, where
Lower Primary Section of the school is now functioning.
According to the petitioner, building where the Lower Primary
Section is now functioning is having sufficient space and facilities
to accommodate the Upper Primary Section as well. Petitioner
was already provided with the permission to shift the Upper
Primary section to the Lower Primary section as a temporary
arrangement, pending renovation of the present building. Now
the petitioner wants to shift the Upper Primary section
permanently. Seeking the said relief the petitioner has already
submitted Ext.P11 and since there were some mistakes in
Exts.P11, Ext.P12 was also submitted. The said requests are
pending consideration before the 1st respondent.
2. The limited prayer sought by the petitioner is to direct
the 1st respondent to pass orders on Exts.P11 and P12 within a
time frame.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am inclined to dispose of this writ
petition. Accordingly, it is ordered that the 1 st respondent shall
take up Exts.P11 and P12 and appropriate orders thereon shall be
passed by completing the necessary formalities and after hearing
the petitioner. 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
DG/27.6.24
APPENDIX OF WP(C) 23056/2024
PETITIONER EXHIBITS
Exhibit.P1 THE PETITIONER IS THE APPROVED MANAGER OF
AIDED NATIONAL HIGHER SECONDARY SCHOOL,
KOLATHUR, MALAPPURAM HAVING APPROVAL
ORDER NO.DEOMPM/470/2024-B3 DATED
16.03.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit.P2 THE TRUE COPY OF THE APPLICATION DATED
22.02.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P3 THE TRUE COPY OF THE DECISION DATED
12.03.2020
Exhibit P4 THE TRUE COPY OF THE BUILDING PERMIT
NO.A4-BA(65919)/2019 DATED 02.11.2018
ISSUED BY THE SECRETARY, MOORKANAD GRAMA
PANCHAYATH, MALAPPURAM TO THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE FITNESS CERTIFICATE
IN RESPECT OF THE NEW SCHOOL BUILDING OF
THE PETITIONER ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, LSGD SUB DIVISION,
MANKADA BLOCK PANCHAYATH, RAMAPURAM,
MALAPPURAM DATED 28.01.2021
Exhibit P6 THE TRUE COPY OF THE COMMUNICATION NO.D2/
AEE/LSGD/MKDA/18-19 DATED 09.04.2019
Exhibit P7 THE TRUE COPY OF THE CHALLAN TO THE
DISTRICT TREASURY, MALAPPURAM ON
06.09.2019
Exhibit P8 THE TRUE COPY OF THE OCCUPANCY AND
FITNESS CERTIFICATE DATED 13.01.2021
ISSUED BY THE SECRETARY, MOORKANAD GRAMA
PANCHAYATH IN RESPECT OF THE NEW SCHOOL
BUILDING
Exhibit P9 THE TRUE COPY OF THE CERTIFICATE
SUBMITTED BY THE 5TH RESPONDENT DATED
23.03.2021
Exhibit P10 THE TRUE COPY OF THE ORDER
NO.B2/6012/2021/KDIS DATED 26/08/2021
ISSUED BY THE 3RD RESPONDENT
Exhibit P11 THE TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT ON 26/08/2024
Exhibit P12 THE TRUE COPY OF THE APPLICATION AND ITS
POSTAL RECEIPT SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT ON
23.06.2021
