IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 5752 of 2010(T) ------------------------- PETITIONER(S): --------------- P.R.PAVITHRAN (PALLIKADAVIL PAVITHRAN) BIJU GARDEN, LAJNATH WARD, ALAPPUZHA. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 3. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. *4. P.K.LALITHAMANI, PULIMOOTHIL HOUSE VANNAPPURAM P.O, THODUPUZHA IDUKKI DISTRICT *(IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 4.3.2010 IN I.A.2817/2010) ADV. SRI.SHAJI P.CHALY FOR R4 SMT.M.R.SREELATHA R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.5752/2010 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of the application dated 15.6.2009 to the DPI with enclosures. P2: True copy of the complaint dated 3.4.2009 given by P.K.Lalithamani. P3: True copy of the communication No.E.C.2/24246/09/DPI/L.Dis dated 2.7.2009. P4: True copy of the reminder dated 18.12.2009 given by the petitioner. P5: True copy of the order No.VI/21581/2009 DPI dated 23.1.2010. P6: True copy of the common order in W.P.(C).Nos.2241 & 6908/2009 dated 25.1.10. RESPONDENTS' EXHIBITS: R4(1): True copy of the order of the D.P.I dated 12/11/2009 bearing No.E3/27074/09. R4(2): True copy of the receiver application filed in O.S.62/09 on the files of the learned Sub-Court, Thodupuzha. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.5752 OF 2010 -------------------------------------------- Dated this the 21st day of May, 2010 JUDGMENT This Writ Petition has been filed challenging Ext.P5 order passed by the first respondent. Ext.P1 is the application of the petitioner for change of the management. Ext.P5 would show that approval for the change of the Manager was declined on the ground of pendency of W.P.(C)Nos.2241 and 6908/2009. According to the first respondent, said Writ Petitions pertain to the ownership of S.N.M.Vocational Higher Secondary School, Vannappuram. Ext.P6 interim order in the said Writ Petitions would reveal that the question involved therein pertains to the question whether the Director of Vocational Higher Secondary Schools can direct the Manager of an aided Vocational Higher Secondary School to suspend a teacher of the school who happens to be the son of the writ petitioner therein. Ext.P6 would thus reveal that the subject matter of the said Writ Petitions are not at all connected with the ownership of the S.N.M.Vocational Higher Secondary School. Therefore, the reason assigned by the first respondent in rejecting the approval of change of the manager cannot be sustained. Ext.P5 is therefore, set aside and the first W.P.(C) NO.5752/2010 2 respondent is directed to consider and pass orders on Ext.P1 application submitted by the petitioner on merits, in accordance with law. It is made clear that the parties will be free to produce documents, if any, before the first respondent and the first respondent shall also afford an opportunity of being heard to the parties concerned before taking decision on Ext.P1. Decision on Ext.P1, as directed above, shall be taken expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.5752/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT 11th May, 2010 W.P.(C) NO.5752/2010 4