Kerala High Court
Jameela Mangalath vs The State Of Kerala on 11 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:20765
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946
WP(C) NO. 39819 OF 2023
PETITIONERS:
1 JAMEELA MANGALATH
AGED 53 YEARS
D/O. KUNHABDULLA, OTTAPILAVULLATHIL,
KATAMERI P.O., VILLYAPPALLI,
KOZHIKKODE DISTRICT, PIN - 673542
2 AMMAD
AGED 50 YEARS
S/O. KUNHABDULLA, OTTAPILAVULLATHIL,
KATAMERI P.O., VILLYAPPALLI,
KOZHIKKODE DISTRICT, PIN - 673542
3 ASIA
AGED 43 YEARS
D/O. KUNHABDULLA, OTTAPILAVULLATHIL,
KATAMERI P.O., VILLYAPPALLI,
KOZHIKKODE DISTRICT, PIN - 673542
BY ADV DINESH KUMAR K.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:20765
WP(C) No.39819 of 2023
2
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA, KOZHIKODE
MANANCHIRA, KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER
MINI CIVIL STATION, VADAKARA,
KOZHIKODE, PIN - 673101
5 ASSISTANT EDUCATIONAL OFFICER
NADAPURAM, MINI CIVIL STATION,
NADAPURAM P.O., KOZHIKODE, PIN - 678350
6 MANAGER
ELAYADAM MLP SCHOOL, ELAYADAM,
KATAMERI P.O., NADAPURAM SUB DISTRICT,
KOZHIKKODE DISTRICT, PIN - 673542
BY ADVS.
SRI. A.T.ANILKUMAR
SMT. V. SHYLAJA(K/1281/1995)
SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.39819 of 2023
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JUDGMENT
Dated this the 11th day of March, 2025 By Ext.P6 order, the Assistant Educational Officer permitted the request of the Corporate Agency to change the Manager of the School. The petitioners claiming to be the real owners of the property in which the School is situated, have filed Ext.P9 Revision Petition before the Director of General Education. The limited prayer of the petitioners is to direct the Director of General Education to consider Ext.P9 Revision Petition.
2. Government Pleader representing respondents 1 to 5 as well as the counsel for the 6th respondent would submit that what is basically raised by the petitioners is a property dispute and their alleged right over the ownership of the property. Therefore, it is a matter 2025:KER:20765 WP(C) No.39819 of 2023 4 which can be adjudicated finally only by a Civil Court. There is no point in approaching the Government with a Revision Petition.
3. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 5 and the learned counsel appearing for the 6th respondent.
4. As a Revision Petition is maintainable against Ext.P6 order of the Assistant Educational Officer, it would be only just and proper that the 2 nd respondent-Director of General Education considers Ext.P9 Revision Petition preferred by the petitioners, after giving opportunity of hearing to the 6th respondent also.
The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P9 Revision Petition with 2025:KER:20765 WP(C) No.39819 of 2023 5 notice to the petitioners and the 6 th respondent and take appropriate decision thereon within a period of four months.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:20765 WP(C) No.39819 of 2023 6 APPENDIX OF WP(C) 39819/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 65367243 DATED 06/06/2022 ISSUED BY THE PURAMERI VILLAGE OFFICER Exhibit P2 TRUE COPY OF THE LANE TAX RECEIPT NO.
KL11031806338/2022 DATED 06/06/2022 Exhibit P3 TRUE COPY OF THE RELATIONSHIP CERTIFICATE NO. 62976632 DATED 25/01/2022 ISSUED BY THE PURAMERI VILLAGE OFFICER Exhibit P4 TRUE COPY OF THE APPLICATION BY THE 1ST PETITIONER DATED 05/10/2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION BY THE PETITIONER DATED 10/06/2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO. B/1602/22 DATED 30/06/2022 Exhibit P7 TRUE COPY OF THE NOTICE NO.
TLKVDK/4994/2022-C2 DATED 22/10/2022 ISSUED BY THE TAHSILDAR, VADAKARA TALUK Exhibit P8 TRUE COPY OF THE ORDER NO.
TLKVDK/4994/2022-C2 DATED 30/11/2022 ISSUED BY THE TAHSILDAR, VADAKARA 2025:KER:20765 WP(C) No.39819 of 2023 7 Exhibit P9 TRUE COPY OF THE REVISION DATED 30/04/2023 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT