IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6793 of 2009(T) ------------------------- PETITIONER(S): --------------- SRI.P.V.MATHEWKUTTY, AGED 78, S/O.PANAKKAL VAREED, PANAKKAL HOUSE, PUTHENPETTA BAZAR, KUNNAMKULAM, THRISSUR. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DIST. 4. THE STAFF COMMITTEE, REPRESENTED BY ITS PRESIDENT, RAJA SREE SIR RAMA VARMA MEMORIAL GIRLS (RSSRVMG) LOWER PRIMARY SCHOOL, WADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR. 5. THE HEADMASTER, RAJA SREE SIR RAMA VARMA MEMORIAL GIRLS (RSSRVMG) LOWER PRIMARY SCHOOL, WADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C).No.6793 of 2009 - T ----------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T Heard Sri.Elvin Peter, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner is the owner of the land and building where RSSRVMG L.P. School is situate. The school is being managed by the staff since 1954. Claiming that he is the owner of the school, the petitioner moved the Assistant Educational Officer, Kunnamkulam to approve him as the Manager of the school. That application was rejected by Ext.P2 order dated 15.10.2008. Aggrieved thereby, the petitioner moved the Director of Public Instruction in appeal. By Ext.P3 passed on 4.2.2009, the Director of Public Instruction rejected the appeal. The petitioner thereupon filed Ext.P4 revision petition before the State Government under Rule 4 of Chapter III of the KER. In this W.P.(C).No.6793 of 2009 - T 2 writ petition, the petitioner inter alia seeks a direction to the Secretary to Government, General Education Department, to consider and pass orders on Ext.P4 revision petition within a time limit to be fixed by this Court. 3. The dispute relates to management of the school. Rule 4(4) of Chapter III of the KER empowers the Government to revise any order passed by the Director of Public Instructions in the matter of approval of change in management. Therefore, the Government have got the jurisdiction to entertain Ext.P4 and pass orders thereon. Since the petitioner has invoked a remedy available to him in law, it is premature for this Court to enquire into and adjudicate upon the issue at this stage. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to issue notice to the petitioner and respondents 4 and 5 and pass orders on Ext.P4 revision petition after affording them a reasonable opportunity of being heard. The Secretary to Government shall also ascertain the views of respondents 2 and 3 before passing orders in the matter. Final orders in the matter shall be passed within a period W.P.(C).No.6793 of 2009 - T 3 of six months from the date of receipt of a certified copy of this judgment. The Secretary to Government shall pass an order giving reasons in support of his conclusions and after orders are passed, communicate a copy thereof to the petitioner and respondents 4 and 5. I make it clear that I have not expressed any opinion on the merits of the petitioner's claims and contentions. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. bkn/-