Kerala High Court
K.Rajamma vs The State Of Kerala on 21 November, 2023
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945
WP(C) NO. 35542 OF 2023
PETITIONERS:
1 K.RAJAMMA
AGED 78 YEARS,
W/O LATE K.VAMADEVAN
VAZHATHOPPIL VEED, PIRAVANTHUR,
KOLLAM DISTRICT,
PIN - 689696
2 V.V MOHANRAJ
AGED 56 YEARS
S/O LATE K.VAMADEVAN
VAZHATHOPPIL VEED, PIRAVANTHUR,
KOLLAM DISTRICT, PIN - 689696
3 V.V ULLAS RAJ
AGED 54 YEARS
S/O LATE K.VAMADEVAN
MANAGER, GURUDEVA HIGH SCHOOL,
PIRAVANTHUR, PUNALUR
KOLLAM DISTRICT, PIN - 689696
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
WP(C) NO. 35542 OF 2023
2
3 THE DEPUTY DIRECTOR OF EDUCATION
THEVALLY, KOLLAM DISTRICT,
PIN - 691009
4 THE DISTRICT EDUCATIONAL OFFICER
PUNALUR, KOLLAM DISTRICT,
PIN - 691305
5 SRI.V.V BABU RAJ
VAZHATHOPPIL VEED, PIRAVANTHUR,
KOLLAM DISTRICT, PIN - 689969
BY ADVS.
MOHAN LAL B
P.S.PREETHA(K/883/1998)
ASWIN V. NAIR(K/1019/2017)
AJAY S. KOSHY(K/003202/2022)
JAYAPRABHA ARJUN(K/001757/2023)
BLESSY MARY SEBASTIAN(K/003114/2023)
SMT. K. G. SAROJINI. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35542 OF 2023
3
T.R. RAVI, J.
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W. P. (C). No.35542 of 2023
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Dated this the 21st day of November, 2023
JUDGMENT
The dispute in this writ petition relates to management of a School. The mother and two sons are the petitioners. 5th respondent is another son. The scheme which was submitted for the corporate management has been rejected and the management has been entrusted to the DEO unseating the 3 rd petitioner. It is in these circumstances, the writ petition is filed praying for setting aside Ext.P6. It is submitted that an appeal petition which has been preferred by the petitioners before the Director, copy of which has been produced as Ext.P11, is still pending.
In the above circumstances, it is only appropriate that the parties are relegated to their statutory remedy. The writ petition is hence disposed of directing the 2nd respondent to consider and pass orders on Ext.P11, after hearing the petitioners and the 5 th respondent, at the earliest, at any rate, within two months from the date of receipt of a certified copy of this judgment. The WP(C) NO. 35542 OF 2023 4 interim order issued by this Court will continue to be in operation till the disposal of the appeal.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 35542 OF 2023 5 APPENDIX OF WP(C) 35542/2023 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE G.O.(RT) NO.
1526/99/G.EDN DATED 26.03.1999 Exhibit P-2 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, PUNALUR VIDE ORDER NO.B3.6889/99/K.DIS DATED 23.09.1999 Exhibit P-3 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, PUNALUR VIDE NO.B3/2724/2022/L.DIS DATED 06.08.2022 Exhibit P-4 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM VIDE NO.DDEKLM/479/2023-B6 DATED 17.05.2023 Exhibit P-5 TRUE COPY OF THE CONSTITUTION/BYE-LAW Exhibit P-5(a) TRUE COPY OF THE LETTER OF THE 3RD PETITIONER ADDRESSING THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DATED 14.06.2023 Exhibit P-5(b) TRUE COPY OF THE DECLARATION OF THE PETITIONERS DATED 14.06.2023 Exhibit P-6 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION VIDE NO.DDEKLM/3201/2023-B6 DATED 16.10.2023 Exhibit P-7 TRUE COPY OF THE JUDGMENT IN O.P.NO.
6666/90-R DATED 01.08.1990 Exhibit P-8 TRUE COPY OF THE ORDER OF THE DIRECTOR VIDE NO.DGE/9522/21-ET-3 DATED 03.05.2023 Exhibit P-9 TRUE COPY DECISION REPORTED IN 2000 KHC = 2000 (1) KLT 804 (PARENT TEACHER ASSOCIATION V. STATE OF KERALA) DATED 21.02.2000 WP(C) NO. 35542 OF 2023 6 Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN 2016 (3) KHC 339 (NOUSHAR P.K. V. STATE OF KERALA AND OTHERS) DATED 02.06.2016 Exhibit P-11 TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONERS BEFORE THE DIRECTOR DATED 19.10.2023 Exhibit P-11(a) TRUE COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONERS BEFORE THE DIRECTOR DATED 19.10.2023