IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18383 of 2011(W) ----------------------------------- PETITIONER(S): ------------------- K.AZEEZ, S/O. KUNJU MOHAMMED, AGED 43, KOLLURUTHODI HOUSE, P.O.CHERUKODE, VALLAPPUZHA, PALAKKAD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PALAKKAD DISTRICT-678 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD DISTRICT-679 303. BY GOVT. PLEADER SRI.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18383/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTERED DOCUMENT NO.294/07/1. P2: COPY OF THE LETTER OF THE PETITIONER ALONG WITH APPLICATION FOR CHANGE OF MANAGEMENT. P3: COPY OF THE ORDER NO.G1/41558/DPI/K.DIS. OF THE 2ND RESPONDENT. P4: COPY OF THE REVISION FILED BEFORE THE GOVERNMENT. P5: COPY OF THE JUDGMENT IN WPC.NO.28888/2010-1 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18383/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2011 J U D G M E N T The petitioner is a purchaser of a school and its properties. Even though application was submitted seeking sanction for change of management/change of ownership, the same was rejected by the Director of Public Instruction by Ext.P3 order. Challenging the same, the petitioner has filed a revision petition before the Government as per Ext.P4 which was acknowledged on 24/01/2011. 2. The learned counsel for the petitioner submitted that the view taken by the Director of Public Instruction cannot be accepted as legal in view of Ext.P5 Judgment of this Court. It is submitted that prior permission is not required. There will be a direction to the Government to take a decision on Ext.P4 revision petition after hearing the petitioner and the former Manager within five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms