IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 1266 of 2009(A) ------------------------- PETITIONER(S): --------------- THE MANAGER, DEVARKOVIL M.U.P.SCHOOL, DEVARKOVIL, KAYAKKODI, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENT(S): --------------- 1. T.V.C. KUNHAMMAD HAJI, S/O.MOIDEEN, AGED 57 YEARS, P.O.TALIYIL, VATAKARA, KOZHIKODE DISTRICT. 2. V.A.C.IBRAHIM HAJI, S/O.AMMAD HAJI, AGED 48 YEARS, P.O.TALIYIL, VATAKARA, KOZHIKODE DISTRICT. 3. DEPUTY DIRECTOR EDUCATION, KOZHIKODE DISTRICT. 4. DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.1266 of 2009 --------------------------------------------- Dated this the 13th day of January, 2009 JUDGMENT The petitioner states that he is the Manager of Devarkovil M.U.P.School, Devarkovil, Vadakara. It is stated that in the General Body of the Society, which runs the school, it was decided on 9.9.2007 to change the name of the school as “K.V.Kunhammed Memorial M.U.P.School”. A request was made to the Deputy Director of Education to effect the change of the name of the school. It is stated that respondents 1 and 2 objected to the proposal to change the name of the school and they filed O.S.No.19/08 on the file of the court of the Subordinate Judge of Vadakara for appropriate relief in that regard. The petitioner states that the application for temporary injunction was dismissed by the trial court and it was confirmed in appeal by the appellate court. The suit is still pending. 2. The Deputy Director of Education passed Ext.P1 order dated 12.12.2008 granting permission to effect the change of name of the school as requested for. Respondents 1 and 2 WPC No.1266/2009 2 challenged Ext.P1 order before the Director of Public Instruction. The Director of Public instruction passed Ext.P2 interim order dated 24.12.2008 staying the order passed by the Deputy Director of Education. The main matter arising out of the representation submitted by the respondents 1 and 2 before the Director of Public Instruction is pending disposal. 3. The reliefs prayed for in the writ petition are the following: “(i) Call for the records leading to the issue of Ext.P2 and quash the same by the issue of writ of certiorari or such other writ order or direction. (ii) Issue a writ of mandamus directing the 4th respondent to dispose of Ext.P3 representation and the appeal or complaint on which order dated 17.12.2008 was passed by him within a time frame after hearing the affected parties. (iii) Grant such other relief that are prayed for and are deemed just and proper to grant in the interests of justice. (iv) Award the costs of the petitioner.” WPC No.1266/2009 3 4. Heard the learned counsel for the petitioner and Sri.K.Lakshminarayanan who appeared for respondents 1 and 2. Learned Government Pleader took notice for respondents 3 and 4. Learned counsel for the petitioner submitted for the present, the petitioner would be satisfied if a direction is issued to the Director of Public Instruction to dispose of the appeal/complaint/representation which is pending before him expeditiously. Respondents 1 and 2 have no objection for the same. Accordingly, the Writ Petition is disposed of as follows: (i) The 4th respondent, Director of Public Instruction shall consider and dispose of the appeal/complaint/ representation submitted by respondents 1 and 2 against Ext.P1 order dated 12.12.2008 passed by the Deputy Director of Education, Kozhikode, as expeditiously as possible and at any rate within a period of two months from the date of receipt a copy of the judgment, after affording an opportunity of being heard to the petitioner, respondents 1 and 2 and any other affected party. WPC No.1266/2009 4 (ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. It is made clear that I have not expressed any opinion on the merits of the case. K.T.SANKARAN, JUDGE csl