Kerala High Court
A.V.Vasantha vs State Of Kerala on 7 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA No.1510 of 2024 1 2025:KER:10022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WA NO. 1510 OF 2024
AGAINST THE ORDER DATED IN WP(C) NO.10039 OF 2016 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER:
A.V.VASANTHA, AGED 72 YEARS
MANAGER,KIZHINHANIYAM A.L.P.SCHOOL,
KONNAYULLA KANDIYIL HOUSEM NHANIYATH THERU,
PERAMBRA PO, KOZHIKODE 673 525.
NEW ADDRESS W/O. GOPALAKRISHNAN,
RESIDING AT KONNAYULLA KANDIYIL,
NANIYATH THERU, PERAMBRA P.O,
ERAVATTOOR VILLAGE,
KOZHIKODE, PIN - 673552
BY ADVS.
T.R.RAJESH
NANDANA SASI
RESPONDENTS:
1 STATE OF KERALA
THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHPAURAM 695 001, PIN - 695001
2 THE SECRETARY
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARTIAT
THRIUVANANTHAPURAM 695 001, PIN - 695001
WA No.1510 of 2024 2 2025:KER:10022
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM 695 001, PIN - 695001
SRI.SUNILKUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.1510 of 2024 3 2025:KER:10022
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
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WA No.1510 of 2024
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Dated this the 7th day of February, 2025
JUDGMENT
A.Muhamed Mustaque.J
The appellant is the Manager of Kizhinhaniyam ALP School,
Perambra, Kozhikode District. The appellant approached the Government to
takeover the school along with the property. Since the Government did not
initiate any proceedings, the appellant approached this Court by filing
WP(C)No.10039 of 2016, by which this Court directed the Government to
pass appropriate orders on the request made by the appellant. Thereafter,
the Government, by an order dated 1.8.2017, recommended the takeover of
the school. While the process was going on, the petitioner made yet another
representation before the Government, revoking the earlier decision
consenting to takeover. The petitioner again approached this Court by filing
WP(C)No.41253 of 2023 for directing the Government to consider and pass
orders on the representation. The Government considered the matter and
rejected the representation stating that the Government has already initiated
proceedings pursuant to earlier direction of the Court.
2. It is to be noted that the proceedings relating to the
takeover of the school have not been finalised. The Government had only
accepted the proposal in principles. In a legal sense, the terms of taking over
WA No.1510 of 2024 4 2025:KER:10022
are not concluded by accepting the proposal in absolute terms. The person
who proposes always is reserved with the right to revoke it at any time
before such proposal is accepted. It is to be noted that the ownership of the
property is vested with the petitioner. This has to be conveyed to the
Government. Having not done so, it can only be treated as a promise on the
side of the petitioner, which has been revoked before finally being acted
upon by the Government.
3. In such circumstances, the writ appeal is allowed and the
impugned order is set aside. It is declared that the appellant's proposal
stands rescinded, and the appellant is free to enjoy the property as full
owner and Manager of the school. However, if the Government had incurred
any expenses consequent upon initiating the proceeding for taking over the
school, the Government can demand and recover the same from the
appellant. We make it clear that if the appellant fails to discharge the duties
and responsibilities attached to a Manager, the Government is also free to
take appropriate action against the appellant.
The writ appeal is allowed as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk/7.02.
WA No.1510 of 2024 5 2025:KER:10022
PETITIONER'S ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER NO.NS2-22369/2018/DPI
DATED 15.02.2019 ISSUED BY THE 3RD
RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
2ND RESPONDENT VIDE NO.2922359/2016/6DGE
DATED 23.04.2020
ANNEXURE A3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPELLANT BEFORE THE DIRECTOR OF PUBLIC
INSTRUCTIONS WITH COPIES TO THE 1ST
RESPONDENT DATED 18.02.2021
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPELLANT BEFORE THE DIRECTOR OF PUBLIC
INSTRUCTIONS DATED 28.11.2021
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPELLANT BEFORE THE 2ND RESPONDENT DATED
28.05.2023
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPELLANT BEFORE THE 2ND RESPONDENT DATED
28.11.2023
ANNEXURE A7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPELLANT BEFORE THE 1ST RESPONDENT DATED
01.12.2023
ANNEXURE A8 TRUE COPY OF THE STAFF FIXATION ORDER OF THE
SCHOOL FOR THE ACADEMIC YEAR 2022-2023 DATED
20.08.2022.
ANNEXURE A9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 08.12.2023 IN W.P©NO.41253/2023
ANNEXURE A10 TRUE COPY OF THE OMMUNICATION ISSUED BY THE
1ST RESPONDENT VIDE NO.N1/161/2021/EDN. DATED
11.12.2023
ANNEXURE A11 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY
THE APPELLANT BEFORE THE 1ST RESPONDENT AT
THE TIME OF HEARING ON 05.02.2024
WA No.1510 of 2024 6 2025:KER:10022
ANNEXURE A12 TRUE COPY OF GO(RT)NO.1911/2024/GEDN DATED
07.03.2024
ANNEXURE A13 TRUE COPY OF G.O(RT)NO.48/2024/GEDN. DATED
18.05.2024
ANNEXURE A14 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS
HON'BLE COURT DATED 04.06.2024 IN
RECEIPT NO 2 TRUE COPY OF RECEIPT NO.6587 DATED 08.11.2024
TOWARDS PAYMENT OF RS.2,000/- TO HIGH COURT
LEGAL SERVICES COMMITTEE VIDE
RECEIPT NO 1 TRUE COPY OF BILL NO.BILL NO.2318 DATED
08.11.2024 TOWARDS PAYMENT OF RS.2,000/- TO
THE TO THE KERALA STATE LEGAL SERVICES
AUTHORITY
RECEIPT NO 3 TRUE COPY RECEIPT NO.4487 DATED 08.11.2024
TOWARDS PAYMENT OF RS.2,000/- TO THE KERALA
STATE MEDIATION AND CONCILIATION CENTRE VIDE
