IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3816 of 2010(B) ------------------------- PETITIONER(S): --------------- NUJUM KHAN,S/O.ABDUL SAMAD KHAN, VADAKKEVILA BUNGLOW,MANANAKKU,VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT,REPRESENTED BY POWER OF ATTORNEY HOLDER,NOUSHAD,S/O.ALIYAR,MELEVILA VEEDU,MANANAKKU,PERUMKULAM.P.O,VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY DIRECTOR OF PUBLIC INSTRUCTIONS,D.P.I.OFFICE, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION),OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATION OFFICER,(D.E.O.), ATTINGAL,THIRUVANANTHAPURAM DISTRICT. 4. ASSISTANT EDUCATIONAL OFFICER,(A.E.O.), ATTINGAL,THIRUVANANTHAPURAM DISTRICT. 5. LALI S.KHAN,D/O.ABDUL SAMAD KHAN, VADAKKE BUNGLOW,MANANAKKU,PRUMKULAM.P.O, VAKKOM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 6. RAHIM,MANAGER,Y.L.M.U.P.SCHOOL, KEEZHATTINGAL(P.0),695 101, THIRUVANANTHAPURAM DISRTRICT. 7. ABDUL HAMEED,S/O.ABDUL KHADER, TAJ MANZIL,PERUMKULAM(P.O),695 102,KEEZHATTINGAL HOUSE,THIRUVANANTHAPURAM DISTRICT. 8. SUB REGISTRAR,KADAKKAVOOR, KADAKKAVOOR(P.O),KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT,KERALA. GOVT. PLEADER SRI. T.T. MAHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 3816 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th day of February, 2010. J U D G M E N T The petitioner challenges Exts.P2 and P4 in this writ petition. Ext. P2 is a gift deed executed by the father of the petitioner in favour of one of the sisters of the petitioner, by which the property of an aided school has been bequeathed in favour of that sister. Ext. P4 is a sale deed executed by the sister in favour of another person. According to the petitioner, both Exts.P2 and P4 are violative of law insofar as for alienation of the property of an aided school, prior permission from the educational authority is mandatory as per the provisions of the Kerala Education Act and Rules. 2. I am not inclined to consider these contentions in this writ petition insofar as Ext. P2 gift deed was executed in the year 1992 and the petitioner has not chosen to challenge the same within any reasonable time. Although counsel for the petitioner would contend that Ext. P2 is void ab initio, I am unable to accept the same. Ext. P2 is a disposition of the property by gift by a parent to his daughter, for which no prior sanction is necessary from any educational authority. Even otherwise, none has chosen to challenge Ext. P2 for a period of 18 years. At this point of time, I am not inclined to entertain a challenge against Ext. P2. If Ext. P2 order cannot now be challenged by the petitioner, this writ petition takes only the character of a public interest litigation insofar as the petitioner does not any more have any right in the property in view of Ext. P2 gift deed. The petitioner has not chosen to constitute this writ petition as a public interest litigation. Therefore, I am not inclined to exercise W.P.C. No. 3816/2010 -: 2 :- my discretionary jurisdiction under Article 226 of the Constitution of India. In the above circumstances, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.