IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 9908 of 2010(K) ------------------------------------ PETITIONER(S): ----------------------- 1. SAJEENA VAHAB, AGED 43 YEARS, WIFE OF M.ABDUL VAHAB, RESIDING AT LAILA MANZIL, NEDUMBAIKULAM, KUNDARA, KOLLAM. 2. ABU M.VAHAB, AGED 23 YEARS, SON OF M.ABDUL VAHAB, RESIDING AT LAILA MANZIL, NEDUMBAIKULAM, KUNDARA, KOLLAM. 3. ABID M.VAHAB, AGED 16 YEARS, SON OF M.ABDUL VAHAB, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SAJEENA VAHAB, RESIDING AT LAILA MANZIL, NEDUMBAIKULAM, KUNDARA, KOLLAM. BY ADVS. MR.JOHN JOSEPH VETTIKAD MR.C.JOSEPH JOHNY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA. 6. SUBAIDA BEEVI, AGED 75 YEARS, WIFE OF MOHAMMED KOCHUVAVA, C/O.FOUSY BEEGAM, KUNJIRAVILA VEEDU, MANCHALLOOR, KUNDAYAM, S.P.O.-689 695, PATHANAPURAM, KOLLAM. R1 TO R5 BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.9908 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2010 J U D G M E N T Petitioners are legal heirs of late M. Abdul Vahab who purchased an aided school. The said Abdul Vahab filed an application for transfer of management. While that application was pending, Mr. Abdul Vahab passed away. The petitioners and the 6th respondent, who is the mother of Abdul Vahab, are the legal heirs of Abdul Vahab. The petitioners submitted an application for transfer of management as well as an application to approve a set of bye-laws approved by the majority of the legal heirs. But the 6th respondent is not amenable to let the other legal heirs have their way. She filed a suit in respect thereof which is pending. On the ground that one of the legal heirs is opposed to the bye-laws framed, the 3rd respondent refused to approve the bye-laws and the transfer of management. In the above circumstances the petitioners W.P.(C)No.9908 of 2010 -2- have filed Ext.P2 before the 1st respondent. Petitioners seek a direction to the 1st respondent to consider and pass orders on Ext.P2 as expeditiously as possible. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to a representative of the petitioners, as well as th 6th respondent. 3. The petitioners shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S. SIRI JAGAN JUDGE shg/