IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 28563 of 2009(M) --------------------------------------- PETITIONER(S): ---------------------- MOTHER EDUCTIONAL SERVICE AND CHARITABLE TRUST,DOOR NO.4/675,KANNADI II VILLAGE, PALAKKAD TALUK,PALAKKAD DISTRICT,REPRESENTED BY ITS MANAGING TRUSTEE,M.M.S.ALI,S/O.MEERANKUNJU, M.S.MANZIL,POTHUNDY ROAD,VALLANGHI VILLAGE, CHITTUR TALUK,PALAKKAD DISTRICT. BY ADV. MR.H.BADARUDDIN SMT.AYSHA RAHMAN SMT.B.SHAMEERA SMT.M.ARCHANA SMT.M.SHAZIA SULTHANA RESPONDENT(S): ------------------------ 1. THE ASSISTANT EDUCATIONAL OFFICER, KUZHALMANNAM,PALAKKAD. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE HEADMISTRESS,A.S.B.SCHOOL, MANJALOOR,PALAKKAD DISTRICT. 4. THE DISTRICT EDUCTIONAL OFFICER, PALAKKAD. 5. THE DIRECTOR OF PUBLIC INSTRUCTOR, THIRUVANANTHAPURAM. R1, R2, R4 & R5 BY SR. GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28563 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2009. JUDGMENT The petitioner is the Managing Trustee of 'Mother Educational Service and Charitable Trust', which came into existence based on the Trust Deed, viz. Ext.P1. As per Ext.P2, the building and all assets of the Aided Senior Basic School, Manjaloor, Palakkad was transferred in favour of the petitioner trust. As per Ext.P3 the petitioner has acquired the rights of management of the above school. 2. In terms of the relevant rules of Chapter III K.E.R., applications have been submitted to the Director of Public Instruction seeking for approval of the change of management including change of ownership. In the meanwhile, the petitioner alleges that the Headmistress is taking various actions to the detriment of the petitioner. 3. Learned Govt. Pleader on instructions, submitted that the 5th respondent is considering the application submitted by the petitioner and an appropriate decision will be taken within a period of two months. It is also submitted that no complaint against the Headmistress from the petitioner or anybody else has been received by the first respondent so far. wpc 28563/2009 2 4. There will be a direction to the fifth respondent to take a decision on the application submitted by the petitioner for change of management involving change of ownership under the relevant provisions of the Kerala Education Rules, within a period of two months from the date of receipt of a copy of this judgment. If the petitioner has got any genuine grievance against the Headmistress, it will be open to the petitioner to move before the appropriate authority. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/