IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 33647 of 2010(E) -------------------------------- PETITIONER: -------------- ABDUL RAHIM,S/O/THAZHATHE VAKAYIL MOOSA, VEETTILEYIL HOUSE,CHERAYI,POST ANDATHODU, CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR 671 001. 2. THE ASST.EDUCATION OFFICER,CHAVAKKAD- 671 003. 3. NABEESA UMMA,D/O.CHEKKU,MUKKANDATH, KADIKKAD AMSOM,CHERUVAYA DESOM,CHAVAKKAD TALUK, THRISSUR DISTRICT- 671 003. BY ADV. SRI.V.A.MUHAMMED FOR R3 SRI.K.E.HAMZA FOR R3 SRI.M.A. FAYAZ, SR. GOVERNMENT PLEADER FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33647/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF DOCUMENT No.985 OF 1957 OF SRO, ANDATHODU DTD. 26.9.57. EXT. P2 : COPY OF PARTITION DEED No.630/58 OF SRO, ANDATHODU DTD. 19.6.58. EXT. P3 : COPY OF ASSIGNMENT DEED No.276/86 OF SRO, ANDATHODU DTD. 17.2.86. EXT. P4 : COPY OF ASSIGNMENT DEED No.423/86 OF SRO, ANDATHODU DTD. 11.3.86. EXT. P5 : COPY OF REPRESENTATION FILED BY PETITIONER BEFORE R1 DTD. 5.10.10. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF SALE DEED No.874 (REGD. ON 14.8.71) DTD. 13.8.71. EXT. R3(b) : COPY OF AFFIDAVIT OF R3 DTD. 4.11.10. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33647 OF 2010 --------------------------------------- Dated this the 17th day of October, 2011. J U D G M E N T In this writ petition, the petitioner is disputing the proposed transfer of management of the school by the 3rd respondent. The school in question is Cherayi AMLP School. It is stated in the writ petition that the buildings of the school are situated in the property owned by the petitioner. The school formerly belonged to one Sri.Ahammedkutty who transferred the school building and other accessories to the 3rd respondent and the change of management was approved. Now the 3rd respondent is attempting to transfer the property of the school which is objected to by the petitioner. 2. In the counter affidavit filed by the 3rd respondent, it is averred that on 04.11.2010, the 3rd respondent and 11 other legal heirs of the family have transferred the management of the school involving ownership in favour of Sri.P.K.Mohammed Farook, son of Bappu residing at Kayanayil house, W.P.(C) No.33647/2010 2 P.O. Punnayurkulam. 3. Learned Government Pleader on getting instructions submitted that Ext.P5 representation submitted by the petitioner before the District Educational Officer has been returned for curing certain defects. In the light of the nature of the dispute that has been arisen between the parties, it is only proper that the District Educational Officer takes a decision in the matter. The petitioner will re-present the original of Ext.P5 within a period of three weeks along with a copy of this judgment and thereafter, the District Educational Officer will hear both sides and take an appropriate decision within a further period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp