IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13736 of 2011(N) -------------------------- PETITIONER(S): --------------- SHYLAJ, S/O NARAYANAN, KOCHUPARAMBIL, KADAPRA, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. SRI. K.O.RAPPAI, KALLARAKKAL HOUSE, MISSION QUARTERS, MUNDUPALAM, THRISSUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13736/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of May, 2011 J U D G M E N T The grievance raised by the petitioner is against Ext.P3 order passed by the Director of Public Instruction whereby the approval of change of Management involving change of Ownership of C.A.H.S., Kuzhalmannam to the fourth respondent was granted. 2. It is a case where the petitioner is the former owner of the school. The learned counsel for the petitioner contends that even though a notice was issued to him proposing a hearing on 23/02/2011 in respect of the sanction for change of management of the school, it was in the wrong address and, therefore, he got the notice only on the date of hearing and he had sought an adjournment also in the matter but refusing the adjournment, Ext.P3 proceedings was issued by the Director of Public Instruction. Various other contentions have also been raised in the writ petition. 3. Under Sub Rule (2) of Rule 5A of Chapter III of the Kerala Education Rules, the order passed by the Director of Public Instruction is appealable before the Government. Therefore, it is open to the petitioner to file an appeal against Ext.P3 order before the Government. This writ W.P.(C). No.13736/2011 -:2:- petition was filed on 19/05/2011 and if the petitioner files an appeal within one week from today, the same will be entertained and considered on merits by the Government after hearing both the parties. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE