IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 15302 of 2011(K) -------------------------------- PETITIONER: -------------- A.A.PADMANABHAN, SON OF APPUKUTTAN, AGED 52 YEARS, MANAGER, A.M.L.P.SCHOOL, KIRALUR, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680001. 4. THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY, THRISSUR DISTRICT-680582. 5. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT-680003. 6. THE SUB INSPECTOR OF POLICE, ERUMAPETTY, THRISSUR DISTRICT-680584. 7. THE HEADMISTRESS-IN-CHARGE, P.M.L.P.SCHOOL, KIRALUR, THRISSUR DISTRICT-680601. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R7. SRI.S.SUJIN FOR R7. SMT. M.T. SHEEBA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, ALONG WITH RP No.472 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15302/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTICE No.M/12/PMLPS OF MANAGER DTD. 18.3.10. EXT. P2 : COPY OF ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF LETTER DTD. 22.5.10. EXT. P3 : COPY OF REMINDER SENT BY PETITIONER DTD. 26.4.11. EXT. P4 : COPY OF REMINDER SENT BY PETITIONER DTD. 6.5.11. EXT. P5 : COPY OF NOTICE OF MANAGER OF SCHOOL DTD. 28.3.11. EXT. P6 : COPY OF NOTICE OF MANAGER OF SCHOOL DTD. 7.5.11. EXT. P7 : COPY OF REQUEST BEFORE Assistant Educational Officer DTD. 30.5.11. EXT. P8 : COPY OF REQUEST BEFORE Assistant Educational Officer AND ACCEPTANCE OF District Educational Officer DTD. 30.5.11. EXT. P9 : COPY OF REQUEST BEFORE SUB INSPECTOR OF POLICE AND RECEIPT DTD. 30.5.11. EXT. P10 : NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 2.6.11. EXT. P11 : COPY OF DECISION REPORTED IN 2000 (1) KLT 804 DTD.21.2.00. EXT. P12 : COPY OF JUDGMENT OF THIS COURT IN WP(C) No.18311/2010-L DTD. 12.4.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15302 OF 2011 & Review Petition No.472 OF 2011 --------------------------------------- Dated this the 22nd day of November, 2011. J U D G M E N T The petitioner in W.P.(C) No.15302/2011 as well as in R.P.No.472/2011 is the Manager of a school. The school in question is the L.P. school situated in Kiralur in Thrissur District. It is the case of the Manager that there are only four classes one each in Standards I to IV in the school. 60 students are studying in the school and four teachers are working, one Headmistress in charge and three Lower Primary School Assistants. It is also stated that there are various schools situated in and around the school. 2. For closing down the school, the petitioner is stated to have forwarded Ext.P1 notice dated 18.03.2010 to the Director of Public Instruction and Ext.P2 is the true copy of the acknowledgment card. Exts.P3 and P4 are the subsequent reminders said to have been forwarded by the petitioner. W.P.(C) 15302/11 & R.P. 472/11 2 3. The documents like Exts.P7 and P8 show that the petitioner subsequently approached the Assistant Educational Officer and the District Educational Officer. It appears that the petitioner thereafter closed down the school on 01.06.2011 and due to the intervention of the District Collector, the school is re- opened and it is stated at the Bar that the school is functioning now. 4. Learned counsel appearing for the 7th respondent submitted that there are no other schools in the locality. 5. In R.P.No.472/2011, the Manager seeks review of the judgment rendered in W.P.(C) No.14679/2011. The said writ petition was filed by one Sri.K.V.Padmanabhan, President of the Parent Teachers' Association of the school opposing the move of the Manager to close down the school. Therein, the learned Government Pleader had submitted that statutory notice has not so far been received by the Director of Public Instruction and only after receipt of the notice, further action will be taken in the matter. Recording the same, the writ petition was disposed of allowing the petitioner to move the Director of Public Instruction W.P.(C) 15302/11 & R.P. 472/11 3 by filing a representation in the matter. 6. Since I propose to dispose of W.P.(C) No.15302/2011 with an appropriate direction, it is not necessary to dispose of the Review Petition No.472/2011 on its merits. 7. Therefore, W.P.(C) No.15302/2011 is disposed of with a direction to the Director of Public Instruction to take an appropriate decision on Ext.P1. Since it is submitted that Ext.P1 has been received, appropriate decision will be taken within a period of three months from the date of receipt of a copy of this judgment, with notice to the petitioner, Parent Teachers' Association and the staff members of the school who wishes to be heard. In the light of the above direction, R.P.No.472/2011 is closed. It is open to the Manager to rely upon the principles stated in various judgments which have been produced in the writ petition before the Director of Public Instruction. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp