IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 16649 of 2011(E) -------------------------------- PETITIONER: -------------- SREE NARAYAN DHARAMA PARIPALANA SCHOOL SHEKETHRA SAMITHI,KUNDUKUZHIPADAM,KUTTICHIRA, THRISSUR DISTRICT,REP.BY ITS PRESIDENT N.S.SHANMUKHAN,S/O.SUBRAN,AGED 48 YEARS, NADIYALI HOUSE,KUTTICHIRA.P.O,CHALAKUDY. BY ADV. SRI.T.RAJESH RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, EDUCATION DEPARTMENT,TRIVANDRUM – 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICE, CHALAKUDY – 680 728. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16649/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPLICATION SUBMITTED BY PETITIONER TO R2 ON 25.9.09. EXT. P2 : COPY OF CONSENT LETTER ISSUED BY FORMER MANAGER DTD. 29.9.09. EXT. P3 : COPY OF FORWARDING LETTER SHOWING RECEIPT OF APPLICATION FOR CHANGE OF OWNERSHIP INCLUDING MANAGEMENT BY OFFICE OF R1. EXT. P4 : COPY OF COMMUNICATION ISSUED FROM OFFICE OF R1 DTD. 23.1.10. EXT. P5 : COPY OF LETTER FORWARDED ALONG WITH DOCUMENTS ON 19.3.10. EXT. P6 : COPY OF FORWARDING LETTER ISSUED FROM R2 OFFICE TO R1 ON 23.3.10. EXT. P7 : COPY OF APPLICATION DTD. 12.6.10 FORWARDED TO R2. EXT. P8 : COPY OF COMMUNICATION RETURNING EXT.P7 ALONG WITH OTHER DOCUMENTS. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16649 OF 2011 --------------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T The petitioner, the President of a Samithy, is aggrieved by the delay in passing orders by the respondents in the application submitted for change of ownership including management of one Upper Primary School. Ext.P1 is the copy of the application submitted before the 2nd respondent for sanction of change of ownership including management. Ext.P2 is the copy of the consent letter issued by the former Manager and the forwarding letter from the office of the 2nd respondent, to the 1st respondent is produced as Ext.P3. 2. Initially, certain defects were noticed in the application and the same were communicated to the petitioner as per Ext.P4 and it is pointed out in paragraph 5 of the writ petition that the defects were cured and necessary documents were submitted as evidenced by Ext.P5. In the meanwhile, the Executive Committee of the Trust by its meeting held on 31.05.2010 W.P.(C) No.16649/2011 2 accepted the resignation of the President/Manager Sri.K.A.Anilash and elected the petitioner herein as the President of the Trust and Manager of the school. This was also informed to the 1st respondent and along with a copy of the resolution, an application as per Ext.P7 has already been submitted to the 2nd respondent for forwarding it to the 1st respondent. The said application has been returned as per Ext.P8 stating that since the earlier proposal is yet to be disposed of, only after receipt of orders from the Director of Public Instruction, the application can be considered. 3. Learned Government Pleader on getting instructions submitted that the application has not been processed in the light of the interim order passed in Writ Appeal No.325/2011. It is seen that the writ appeal itself has been dismissed by judgment dated 05.07.2011. The said judgment was in respect of another school in Thiruvananthapuram District. Therefore, there is no legal embargo for considering the applications and passing appropriate orders. Along with Ext.P1 application regarding sanction for change W.P.(C) No.16649/2011 3 of ownership including management, Ext.P7 application with regard to the change of personnel of the Manager can also be considered by the Director of Public Instruction. In that view of the matter, the 2nd respondent will forward the originals of Ext.P7 to the 1st respondent within a period of two weeks from the date of receipt of a copy of this judgment. The 1st respondent will thereafter pass appropriate orders on Exts.P1 and P7 applications, after hearing the petitioner, within a further period of three months. The petitioner will forward copies of the judgment and the writ petition to the respondents 1 and 2. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp