Kerala High Court
Unknown vs By Advs.P.S.Abdul Kareem on 25 October, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
W.P(C).No. 17565 of 2018
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PETITIONER
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HASHIM T E,
AGED 55 YEARS,
S/O.KUNJAMMAD,
THAZHE EDAVANCHERRY HOUSE,
KOTIYURA P.O., KALLACHI,
KOZHIKODE, PIN: 673 506.
BY ADVS.P.S.ABDUL KAREEM
R.ABDUL AHAD
RESPONDENTS
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1. THE ASSISTANT EDUCATION OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICE,
VATAKARA, VATAKARA P.O., KOZHIKODE-673 101
2. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001.
BY GOVERNMENT PLEADER : SRI.B.UNNIKRISHNA KAIMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17565 of 2018 (U)
APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY
THE VANIMEL GRAMA PANCHAYAT DATED 25.10.2017.
EXHIBIT P2 TRUE COPY OF THE RELATIONSHIP CERTIFICATE
ISSUED BY THE VANIMEL VILLAGE OFFICER DATED
25.10.2017.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 11.04.2017
EXECUTED BY THE PETITIONER AND HIS BROTHERS
AND SISTERS.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 07.05.2018
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
bpr
ANIL K. NARENDRAN, J.
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W.P.(C) No.17565 of 2018
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Dated this the 30th day of May, 2018
JUDGMENT
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Assistant Educational Officer to take an appropriate decision on Ext.P4 application dated 07.05.2018 regarding change of management of Kotiyura L.P. School, Kotiyura, Kallachi in Vatakara Educational District within a period of two weeks. The petitioner has also sought for a writ of mandamus commanding the 1 st respondent to approve the appointment of the petitioner as Manager of Kotiyura L.P. School.
2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 and 2.
3. Going by the pleadings and materials on record, Sri. Kunhammad Haji P.P., who was the Manager of Kotiyura L.P. School, died on 20.07.2015. Ext.P1 is the death certificate W.P.(C) No.17565 of 2018 :-2-:
dated 25.10.2017 issued by the Vanimel Grama Panchayat and Ext.P2 is the relationship certificate dated 25.10.2017 issued by the Village Officer, Vanimel. According to the petitioner, 8 among the 9 legal heirs of late Sri. Kunhammad Haji P.P., convened a meeting for appointment of Manager of Kotiyura L.P. School and executed Ext.P3 agreement. Based on Ext.P3 agreement, Ext.P4 application dated 07.05.2018 was made before the 1 st respondent Assistant Educational Officer for approval of the appointment of the petitioner as Manager of Kotiyura L.P. School. The grievance of the petitioner is that Ext.P4 application is still pending consideration before the 1 st respondent.
4. As per Ext.P2, late Sri. Kunhammad Haji P.P. is having 9 legal heirs. Only 8 among the legal heirs have signed Ext.P3 agreement dated 11.04.2017. It is based on that agreement, Ext.P4 application has been made before the 1st respondent Assistant Educational Officer for approval for the appointment of the petitioner as Manager of the School.
W.P.(C) No.17565 of 2018 :-3-:
5. Since Ext.P4 application is pending consideration before the 1st respondent, this writ petition is disposed of, without observing anything as to the entitlement of the petitioner to be the Manager of Kotiyura L.P. School, by directing the 1st respondent to consider Ext.P4 application made by the petitioner and pass appropriate orders, strictly in accordance with law, with notice to the petitioner and all other legal heirs of late Sri. Kunhammad Haji P.P., as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, if there is no other legal impediments.
It is for the petitioner to furnish the name and address of all legal heirs of late Sri. Kunhammad Haji P.P. to the 1 st respondent Assistant Educational Officer, along with a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE bpr //TRUE COPY// P.A. TO JUDGE