IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 15040 of 2008(M) PETITIONERS: ------------ 1. K.M.SUSHEELA DEVI, AGED 65 YEARS D/O.LATE KRISHNAN, MANAGER, KADAVATHUR V.V.U.P. SCHOOL, KADAVATHUR, THALASSERY, RESIDING AT KRISHNA VIHAR, THRIPPRANGOTTUR AMSOM, KADAVATHUR DESOM, KADAVATHUR P.O. THALASSERY TALUK, KANNUR. 2. A.C.ABOOBACKER, MANAGER KADAVATHUR WEST U.P.SCHOOL, KADAVATHUR THALASSERY, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER PANNUR, KANNUR DISTRICT 3. MANAGER, THENDAPPARAMBA L.P.SCHOOL THALASSERY, KANNUR DISTRICT GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 15040 OF 2008 M -------------------------------------------- Dated this the 22nd August, 2008 JUDGMENT The petitioners are Managers of aided schools. Their grievance is that the third respondent school, which is situated nearby, is likely to be upgraded. It is stated that the third respondent School is situated hardly 1.5 kilometres away from the schools of the petitioners. There are two other schools situated within a radius of one kilometre of the third respondent School. Thus, there are five schools now functioning within a radius of two kilometres. If the third respondent School is upgraded, the petitioners apprehend that that would cause great harm to their schools. 2. The relief prayed for in the Writ Petition is for the issue of a writ of mandamus or any other appropriate writ, direction or order, directing the first respondent not to issue sanction for upgrading the third respondent School. At present, there is no notification issued by the Government with regard to the upgradation of the third respondent School. Learned Government Pleader submitted that no notification was issued calling for objections in the matter of upgradation of the third respondent School. The upgradation of the third respondent School would be made only after following the procedure prescribed in the Kerala W.P.(C) NO.15040 of 2008 :: 2 :: Education Rules. At that time, sufficient opportunity would be available to the petitioners to put forward their grievance before the first respondent. I do not think that the relief prayed for by the petitioner as such can be granted at this stage, in view of the fact that the Government have not taken any decision and have not even issued any notification. Leaving open all the rights of the petitioners to approach the Government at the appropriate time, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/