IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 30840 of 2010(D) PETITIONER: THE MANAGER, VELUNNI GURUKKAL MEMORIAL JUNIOR BASIC SCHOOL, (UNDER NITHYA TRUST, PRATAP NAGAR KODUVAYOOR, REPRESENTED BY ITS PRESIDENT, K.V.KRISHNAN KUTTY) VETTUMPULLI, KODUVAYOOR POST, KOLLENGODE, PALAKKAD. BY ADV. SRI.S.M.UNNIKRISHNAN SRI.U.BALAGANGADHARAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678 001. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 001. 5. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD-678 506. 6. THE MANAGER, ORPHANAGE AIDED LOWER PRIMARY SCHOOL, VALLAPUZHA, SHORNUR-679 336. THE SIXTH RESPONDENT IS DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DATED 13.10.2010 IN I.A.NO.14053 OF 2010. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30840 OF 2010 D ------------------------------------------------------ Dated this the 13th day of October, 2010 JUDGMENT As per Ext.P1 jenm assignment deed dated 28.1.2002, Nithya Trust, which was registered as No.13 of 2002 of Sub Registrar's Office, Koduvayoor, represented by K.V.Krishnankutty, purchased an item of property. The property consists of Velunni Gurukkal Memorial Junior Basic School. It is stated that the right of management was also transferred. The former Manager submitted Ext.P2 application for change of management to the Director of Public Instruction through proper channel. The Assistant Educational Officer, Kollengode forwarded the proposal for transfer to the Director of Public Instruction. As per Ext.P3 dated 16.9.2009, the Director of Public Instruction requested the Assistant Educational Officer, Kollengode to furnish certain details. As per Ext.P6 order dated 23.6.2010, the Director of Public Instruction returned the proposal on the following ground: “The proposal received as per the above reference is returned herewith since you had not obtained prior permission from Director of Public W.P.(C) NO.30840 OF 2010 :: 2 :: Instruction to transfer the property of V.G.M.L.P.School, Vettumpully. This is the violation of R.5A Chapter III KER.” 2. Challenging Ext.P6 order, the petitioner has filed Ext.P7 representation dated 3.8.2010 to the first respondent. Ext.P7 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “1. Writ in the nature of mandamus commanding the second respondent to approve the transfer of management to the petitioner with retrospective effect. 2. Writ in the nature of certiorari to set aside Ext.P6. 3. Writ in the nature of mandamus commanding the first respondent to consider and pass orders on Ext.P7 with a time frame. and 4. Such other orders which are deem necessary in the interest of justice which the Hon'ble Court feel deem fit in the facts and circumstances of the case.” W.P.(C) NO.30840 OF 2010 :: 3 :: 4. The learned counsel for the petitioner submitted that, for the time being, the petitioner would be satisfied if relief (3) is granted. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of as above: a) The first respondent shall consider and dispose of Ext.P7 representation, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/