IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15226 of 2009(W) --------------------------------- PETITIONER: -------------- NUJUMUDHEEN, S/O.ABDUL SAMAD KHAN, VADAKKEVILA BUNGLOW, MANANAKKU, VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY MR.P.K.MUHAMMED, ADVOCATE. RESPONDENTS: ------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, D.P.I., THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER (D.E.O.) ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 4. ASSISTANT EDUCATIONAL OFFICER (A.E.O.) ATTINGAL, THIRUVANANTHAPURAM. 5. LAILA S.KHAN, D/O.ABDUL SAMAD KHAN, VADAKKEVILA BUNGLOW, MANANAKKU, VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 6. P.RAHIM, MANAGER, Y.L.M.U.P. SCHOOL, THAZHATHINGAL, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15226 OF 2009 --------------------------------------- Dated this the 11th day of June, 2009. J U D G M E N T The petitioner is one of the joint owners of Yakoob Labba Memorial Public School which belonged to late Abdul Samad Khan. Apart from the petitioner, another brother Naseeb Khan and sister Laila Khan are the other joint owners of the school and the property. The petitioner had been working in foreign countries. 2. The present grievance raised by the petitioner is that respondents 5 and 6 who are the other legal heirs, are going to alienate the properties of the school and change the management of the school. It is pointed out that the same is being done on the strength of a Gift Deed executed by late Abdul Samad Khan in favour of the 5th respondent. It is also pointed out that the said document has been created behind the back of the petitioner. Its genuineness is disputed by the petitioner. W.P.(C) No.15226/2009 2 3. The petitioner submits that Section 6 of Kerala Education Act requires previous sanction for sale, mortgage lease, pledge, charge or change of possession of any property of the aided school from the District Educational Officer. The petitioner has, therefore, approached the District Educational Officer as per Exhibit P2 requesting not to grant any such permission. In the light of the above, there will be a direction to the District Educational Officer to consider Exhibit P2 and pass appropriate orders, with notice to the petitioner and respondents 5 and 6, before grant of any approval for change of management or change of ownership pursuant to any application filed by respondents 5 and 6. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp