IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 2179 of 2010(V) ------------------------------------- PETITIONER: ------------------- THE SECRETARY/TREASURER, INDIA EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIASTION 335-A, LUTHERAN MISSION COMPOUND, K.P.ROAD, NAGARCOIL-629 001, KANYAKUMARI 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PEERUMEDU, IDUKKI DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 2179 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2010 J U D G M E N T The petitioner is the Secretary/Treasurer of the India Evangelical Lutheran Church Trust Association. For the purpose of approving the change of management of India Evangelical Lutheran Church Trust Association School, Dymock, Peermedu application as provided under Chapter III of the Kerala Education Rules was submitted to the 3rd respondent. The 3rd respondent however, declined to approve the change of management as per Ext.P8. Feeling aggrieved by the order in Ext.P8, Ext.P9 appeal has been preferred by the petitioner before the second respondent. A prayer has also been made in Ext.P9 to condone the delay in submitting the appeal against Ext.P8. Ext.P9 is a statutory appeal and the same was preferred before the second respondent as early as on 17.12.2009. However, no orders have been passed thereon, it is submitted. 2. Considering the facts that Ext.P9 appeal preferred against the order of the 3rd respondent under provisions in WPC.2179/2010 : 2 : Chapter III of Kerala Education Rules has been preferred before the 3rd respondent and the same is pending consideration, I am inclined to dispose of this writ petition. In this circumstances, without making any observation as to the merits of the contentions raised by the petitioner, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P9, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioner. Needless to say that before taking a decision on Ext.P9 the 2nd respondent shall afford opportunity of being heard to all concerned parties. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge