IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19588 of 2011(W) --------------------------------------- PETITIONER(S): ----------------------- M.A.SAINULLABDIN, PRESIDENT, PARENT TEACHERS ASSOCIATION SARVAJANA HIGHER SECONDARY SCHOOL, PURTHUCODE, PALAKKAD DISTRICT BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRTARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTURCTION JAGATHY, THIRUVANANTHAPURAM -695 014.. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD DISTRICT (EX-OFFICIO MANAGER, SARAVAJANA HIGHER SECONDARY SCHOOL PUTHUCODE). PIN 678 687. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT 0 678 001. 5. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT 678 001. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19588/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.64645/F2/98/G.EDN. OF THE GOVERNMENT 5.2.2004. P1(a):- COPY OF THE ORDER NO.K.DIS 29654/99/A5 OF THE DEPUTY DIRECTOR DT. 4.1.2003. P2:- COPY OF THE PETITION FILED BY SRI.K.U.UNNIMOHAMMED BEFORE THE GOVERNMENT DTD. 29.3.2011. P3:- COPY OF THE LETTER OF SRI.M.CHANDRAN, DTD. 6.5.2011. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PARENT TEACHERS ASSOCIATION DTD. 6.5.2011. P5:- COPY OF THE ORDER NO.B1/4475/11 OF THE DISTRICT EDUCATIONAL OFFICER, DT.4.7.2011. P6:- COPY OF THE ORDER NO.B1/4475/(11) OF THE DISTRICT EDUCATIONAL OFFICER DTD. 28.6.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19588 of 2011-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The petitioner is the President of the Parent Teachers' Association of Sarvajana Higher Secondary School, Puthucode in Palakkad District. It is pointed out that the school has been taken over by the Government for management, as the Manager was disqualified and ousted and the Trust is no longer in existence. 2. It is the case of the petitioner that the Government has already spent a lot of expenses for the physical improvement of the school and the funds were allotted by the local Member of the Legislative Assembly also. Recently, the school has been upgraded as a Higher Secondary School. 3. It appears that the former Manager who has been disqualified, has taken steps to alienate the school to a third party. Ext.P2 is said to be the representation filed by the proposed purchaser before the Director of Public Instruction for getting sanction. Pointing out various aspects and opposing the application for sanction for transfer of the properties and management of the school, the petitioner has also filed a representation as per Ext.P4, before the Director of Public Instruction. wpc 19588/2011 2 4. Learned counsel for the petitioner submitted that there are valid objections to the claim of the transferee as well as the disqualified Manager, in the matter and therefore the petitioner's objections also may have to be considered. 5. There will be a direction to the second respondent to consider Ext.P4 also before taking any final decision with regard to the transfer of ownership and management of the school, as the matter is pending before the said authority. The petitioner as well as the rival claimant will be heard in the matter and an appropriate decision will be taken within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/