IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 OP.No. 14232 of 2002(T) ----------------------- PETITIONER: ------------ M.K.MUHAMMEDKUTTY, S/O.SAIDALI, KALATHIL HOUSE, KERALADHEESWARAPURAM, VIA- TANALUR, MALAPPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NADUVIL NALAKATH KOYASSAN, RAYIRAMANGALAM, POST TANUR, MALAPPURAM. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENRAL EDUCATION DEPARTMENT, TRIVANDRUM 3. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM. 4. E.SANTHAKUMARI, HEADMISTRESS, NAYANAR MEMORIAL ALP SCHOOL, KERALADHESWARAPURAM, TIRUR, MALAPPURAM. BY ADV. SRI.T.KRISHNAN UNNI SRI.T.KRISHNAN UNNI GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.14232/02. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD.23.10.89. P2. COPY OF THE LETTER DTD.30.9.94 BY E.CHOYIL TO THE MINISTER FOR EDUCATION. P3. COPY OF THE GOVT. ORDER 7.12.00. P4. COPY OF THE GOVT. ORDER DTD.18.5.02. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.14232 of 2002 ================== Dated this the 19th day of February, 2008 J U D G M E N T The petitioner challenges Ext.P4 order of the Government, whereby the Government allowed the 4th respondent to shift the Nayanar Memorial ALP School, Keraladheeswarapuram, to the newly constructed building in 40 cents of land comprised in R.Sy.No.184/4 of Thanalur Village, on condition that the 4th will acquire additional land comprising of 60 cents adjacent to the land in which the new building is constructed within the stipulated time as prescribed by the District Educational Officer in his proceedings dated 30.3.2001. This is challenged on the ground that the 4th respondent did not have locus standi to file such a petition. Evidently there is a management dispute pending between the petitioner and the 4th respondent in the matter. The counsel for the petitioner submits that suits are pending between the parties before the appropriate civil courts, the outcome of which is not presently known to the counsel. In the above circumstances, this original petition is disposed of leaving liberty o.p.14232/02 2 to the petitioner to approach the educational authorities for appropriate reliefs for change of management as and when the petitioner gets his rights over the school established through the civil court. Sd/- sdk+ S.SIRI JAGAN, JUDGE o.p.14232/02 3 S.SIRI JAGAN, J. ================ O.P.No.14232 of 2002-T ================ J U D G M E N T 19th February, 2008