Abdul Subhan vs The Assistant Educational Officer
2024 Latest Caselaw 29763 Ker

Kerala High Court

Abdul Subhan vs The Assistant Educational Officer on 22 October, 2024

                                               2024:KER:78722

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                   WP(C) NO. 42847 OF 2023

PETITIONER/S:

         ABDUL SUBHAN
         AGED 60 YEARS
         S/O SRAMBIKKAL AYISHA UMMA THOTTEKKAD, AMARAMBALAM
         VILLAGE,NILAMBUR TALUK, MALAPPURAM DISTRICT., PIN
         - 679332


         BY ADV M.KRISHNAKUMAR


RESPONDENT/S:

    1    THE ASSISTANT EDUCATIONAL OFFICER
         NILAMBUR CHANDAKUNNU, NILAMBUR, MALAPPURAM
         DISTRICT., PIN - 679330

    2    THE DEPUTY DIRECTOR OF EDUCATION
         MALAPPURAM, NH 213, DOWN HILL, MALAPPURAM, KERALA,
         PIN - 676505

    3    THE DIRECTOR OF GENERAL EDUCATION
         DIRECTORATE OF GENERAL EDUCATION JAGATHI,
         THIRUVANANTHAPURAM., PIN - 695014

    4    THE STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY-GENERAL
         EDUCATION GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695014

    5    ADDL R5: SECRETARY,
         NILAMBUR MUNICIPALITY, MALAPPURAM, PIN: 679 329 2;
 W.P.C No. 42847 of 2023



                              2
                                              2024:KER:78722

           IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED
           05.04.2024 IN I.A. NO 02/2024 IN WP (C)
           42847/2023.

           BY ADVS.
           ADVOCATE GENERAL OFFICE KERALA
           SHRI.I.V.PRAMOD, SC, NILAMBUR MUNICIPALITY
           SHAMEENA SALAHUDHEEN
           ASTRID STEREENA MATHEW
           B.RAVISANKAR



OTHER PRESENT:

           ADV PREMCHAND R NAIR-SR GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.C No. 42847 of 2023



                                      3
                                                           2024:KER:78722




                              JUDGMENT

This writ petition was submitted by the petitioner seeking

the following reliefs:

"I) To issue a writ of mandamus or any other appropriate writ,

order or direction to direct the respondents 1 to 4 to release

and pay the entire arrears of rent payable to the petitioner for

and on behalf of his family members mentioned in Exhibit P1,

sanctioned by the 2nd respondent as per Exhibit P7, and kept

in arrears after Exhibit P9, forthwith.

II) To issue a writ of mandamus or any other appropriate writ or

order or direction to direct the 1st respondent to make

appropriate enquiries, similar to Exhibit P6, and submit before

the High Court of Kerala, whether any suitable Government or

private building is available to accommodate the Government

Mopla Lower Primary School (GMLP School), Mukkatta

established as per Exhibit P1, P2 & P3.

III) To issue a writ of mandamus or any other appropriate writ or

order or direction to direct the 2 nd respondent to hear the

petitioner, consider Exhibit P10 complaint/representation and

pass orders thereon expeditiously.

2024:KER:78722

IV) To issue such other writ order or direction as this Hon'ble

Court deems fit and proper."

2. In this writ petition, as per the interim orders dated

29.02.2024 and 12.06.2024, there were certain directions to the

respondents to pay the arrears of rent. It is reported that, the

entire amount towards arrears were already paid by the

respondents in compliance of the said orders.

Therefore, further orders are not necessary in this writ

petition. Accordingly, this writ petition is closed without

prejudice to the right of the petitioner to invoke appropriate

remedies in case there is default in making payments of the

rent.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:78722

APPENDIX OF WP(C) 42847/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 28-10-2016 ISSUED BY THE VILLAGE OFFICER

Exhibit P2 TRUE COPY OF THE LETTER DATED 22-08- 1939 ISSUED BY THE MALABAR DISTRICT BOARD.

Exhibit P3 TRUE COPY OF THE LETTER DATED 30-01- 1940 ISSUED BY THE MALABAR DISTRICT BOARD

Exhibit P4 TRUE COPY OF THE LETTER DATED 28-08- 1940 ISSUED BY THE MALAL]AR DISTRICT BOARD RELATING TO THE RENT PAYABLE TO THE PETITIONER' S FATHER

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 26-06- 1967 FROM THE 1ST RESPONDENT TO THE PETITIONER'S MOTHER ALONG WITH THE LEGAL HEIRSHIP CERTIFICATE

Exhibit P6 TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT DATED 15-04-1988.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS DATED 24- 10-1988 OF THE 2ND RESPONDENT RE-FIXING THE RENT PAYABLE TO THE PETITIONER'S FAMILY

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 9- 9-1998 FROM THE 1ST RESPONDENT TO THE THAHSILDAR, NILAMBUR TALUK

Exhibit P9 TRUE COPY OF THE ORDER DATED 19.3.2005

2024:KER:78722

OF THE 2ND RESPONDENT RELEASING A TOTAL AMOUNT OF RS. 69,000/-TO BE PAID IN LUMPSUM TO THE PETITIONER'S FAMILY AS ARREARS OF RENT

Exhibit P10 TRUE COPY OF THE DETAILED COMPLAINT/REPRESENTATION FILED BY THE PETITIONER AND HIS FAMILY TO THE 2ND RESPONDENT WITHOUT AMEXUES MENTIONED THEREIN DATED 21.9.2023

Exhibit P11 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 3-10-2023 RECEIVED BY THE PETITIONER'S COUNSEL

Exhibit P12 TRUE COPY OF THE INTERIM ORDERS DATED 12-09-2023 AND 03.04.2023 IN WPC 10122/2023 ON THE FILE OF THE HIGH COURT OF KERALA

RESPONDENT ANNEXURES

ANNEXURE R1(a) TRUE COPY OF THE LETTER NO.VA1/10435/2020/DGE DATED 01.12.2021

ANNEXURE R1(b) TRUE COPY OF THE LETTER NO.B/1669/2021DATED 16.12.2021

Exhibit R1(a) TRUE COPY OF THE LETTER NO.L2/284425/2021/DGE DATED 15.03.2024

RESPONDENT EXHIBITS

Exhibit R6(a) A TRUE COPY OF THE ORDER DATED 24.11.2022 FORWARDED TO THE GOVERNMENT BY THE REGISTRAR OF THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS