IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 16926 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. DR.ANTO T.JOSEPH,S/O.LATE T.JOSEPH GEORGE, THEKKEKARA HOUSE, RESIDING AT HOUSE NO.30/484, EAST BAZAR, OLLUR,THRISSUR, PIN-680 306. 2. RAPHEL T.JOSEPH, S/O.LATE T.JOSEPH GEORGE,THEKKEKARA HOUSE, RANI AUTOMOBILE WORK SHOP,P.O.KECHERY-680 501, THRISSUR DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- 1. ASST.EDUCATIONAL OFFICER, EDUCATION DEPT., (AEO),KUNNAMKULAM-680 503. 2. THE DISTRICT EDUCATIONAL OFFICER(DEO), CHAVAKKAD-680 506. 3. DEPUTY DIRECTOR OF EDUCATION(D.D), AYYANTHOLE,THRISSUR-3. 4. DIRECTOR OF PUBLIC INSTRUCTION,EDUCATION DEPT., THIRUVANANTHAPURAM-14. 5. SHRI.TOM THOMAS,S/O.THOMAS, PULIKOTTIL HOUSE,PARANNUR,CHOONDAL P.O, THRISSUR-680 502,(MANAGER,ST.THOMAS U.P.SCHOOL, PARANNUR,CHOONDAL P.O-680 502.) GOVT.PLEADER SRI.DILIP MOHAN-R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16926 OF 2010 -------------------------------------------- Dated this the 2nd day of June, 2010 JUDGMENT In the matter of change of management involving change of ownership of St.Thomas U.P.School, Parannur, the petitioners and six others have submitted an application dated 20.2.2010 before the respondents 1 to 4. The request is for passing an order changing the managership from the fifth respondent to the first petitioner. The petitioners and the six others, who are the signatories in the said petition are the legal representatives of one Sri.Joseph George, who was the owner and the Manager of the said school. Admittedly, before his death, he appointed the fifth respondent as the Manager of the school. Admittedly, O.S.No.800/2007 filed by the fifth respondent is pending. However, the details regarding the said suit are not set out in the Writ Petition. Nonetheless, when an application for change of management involving change of ownership is filed, the fourth respondent is the competent authority to pass orders thereon. Therefore, the first respondent is bound to forward the said application along with all the requisite documents to the fourth respondent. According to the petitioner, Ext.P1 is wrongly addressed to the first respondent. However, the first respondent, in W.P.(C) NO.16926/2010 2 accordance with relevant provisions under the Kerala Education Rules, forwarded the said application along with the requisite documents produced, for appropriate action by the fourth respondent and the said application is still pending. In the said circumstances, without making any observation as to the merits of the contentions, this Writ Petition is disposed of with a direction to the fourth respondent to consider and pass orders on Ext.P1application submitted by the petitioners, in accordance with law, after issuing notices to all the concerned parties expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16926/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.16926 /2010 JUDGMENT 2nd June, 2010