IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30085 of 2011(I) -------------------------- PETITIONER: --------------- M.K.KUNHAMMED,S/O.LATE KOYOTTY HAJI, AGED 61 YEARS,MOONAMKANDAM KUNIYIL, PO MUTTUNGAL, VIA BADAGARA 673 110. BY ADV. SRI.N.M.MADHU SMT.C.DEVIKA RANI KAIMAL SMT.C.S.RAJANI RESPONDENT(S): ------------------ 1. THE ASSISTANT EDUCATIONAL OFFICER, AEO OFFICE, CHOMBALA, VATAKARA TALUK, KOZHIKODE DISTRICT 673 308. 2. M.K.MARIAM,W/O.LATE KUNHABDULLA, MOONAMKANDAM KUNIYIL, PO MUTTUNGAL, VIA BADAGARA 673 110. 3. THE DISTRICT EDUCATIONAL OFFICER, DEO OFFICE, VATRAKARA TALUK,KOZHIKODE 673 101. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30085 of 2011(I) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFIED COPY OF THE SALE DEED NO.1419/1969 OF SRO EDACHERRY EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1494/1970 OF SRO EDACHERRY EXHIBIT P3 TRUE COPY OF THE APPLICATION OBTAINED UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT EXHIBIT P5 TRUE COPY OF LETTER DATED 29/7/2011 EXHIBIT P6 TRUE COPY OF LETTER DATED 3/10/2011 EXHIBIT P7 TRUE COPY OF LETTER DATED 3/10/2011 EXHIBIT P8 TRUE COPY OF LETTER DATED 22/10/2011 EXHIBIT P9 TRUE COPY OF LETTER DATED 24/10/2011 EXHIBIT P10 TRUE COPY OF LETTER DATED 4/11/2011 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn] T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.30085 of 2011 -------------------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is aggrieved by the non-grant of sufficient time by the Assistant Educational Officer to submit documents relating to the claim for managership of the institution. 2. It is pointed out that originally it was owned by the father of the petitioner and one Shri Narayana Panicker jointly. Later, by a document dated 26.9.1941, the management of the school was completely handed over by Shri Narayana Panicker to the father of the petitioner. The petitioner's father by executing a document as per sale deed No.1419/1969 transferred his right, title and interest over the property in favour of the petitioner. Exhibit P1 is the copy of the said document. By Exhibit P2, the right of Shri Narayana Panicker was transferred to the elder brother of the petitioner. 3. The 2nd respondent herein is the widow of the elder brother of the petitioner. It is pointed out that since the petitioner went abroad, transfer of management in favour of the W.P.(C)No.30085/11 -2- widow was agreed to. After he came back, the present dispute arose. The petitioner submits that the 2nd respondent is attempting to transfer the management and rights to her daughter, who is a teacher in the school. 4. The learned Government Pleader on getting instructions submitted that the petitioner actually wanted 45 days' time to produce the documents and it is in that context, the notice Exhibit P8 was issued. The learned Government Pleader submitted that sufficient time can be granted to the petitioner if the petitioner wants to produce any documents. 5. In that view of the mater, the petitioner is granted three weeks' time from today to produce all the documents before the Assistant Educational Officer along with a copy of the Writ Petition and a copy of this judgment. The Assistant Educational Officer will thereafter take a decision in the matter after hearing the petitioner and the 2nd respondent expeditiously. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn