IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 17092 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. P.SAROJINI, ROADARIKATHU VEEDU, ORUNOORAM VAYAL, KALIYAL VILLAGE, AARUKANI P.O. 2. RAMANKANI LAKSHMANA KANI, ROADARIKATHU VEEDU, CHERUKIDATHUKANI, ANAMUKHAM, KADAYALUMOODU, KALIYAL VILLAGE, AARUKANI P.O. 3. P.AMMUKUTTY, PRAVILA, KIZHAKKEKKARA VEEDU, MANALOD P.O., MANIYANKUZHI, PONMANA. BY ADVS. MR.B.RAGUNATHAN, MR.G.S.MOHANDAS, MR.R.SRINATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121. 3. SHRI.M.MADHAVAN KANI, EXECUTIVE MEMBER, AMLPS TRUST, KALLIMOOTTUKANI, MANNAMKONAM P.O. R1 & R2 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.17092 of 2008 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. B.Raghunathan, the learned counsel appearing for the petitioners and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. Though the third respondent has been served, there was no appearance on his behalf. 2. The petitioners are the children of late Ramankani, who had established the Ambedkar Memorial L.P. School, Kallimoottukani in the year 1964. Initially, late Ramankani was himself was the Manager of the school. Thereafter, he appointed Sri. D.Kesari as Manager of the school and applied for approval of the change of the management. That request was granted by the Assistant Educational Officer, Parasala by Ext.P2 order dated 2.6.1977. According to the petitioners, Sri. D.Kesari is not functioning as manager. The petitioners also state that the third respondent has usurped the post of Manager and is acting as the Manager without lawful authority. They also state that seeking appointment of the second petitioner as the Manager of the school, they have moved the District Educational Officer in Ext.P4 representation dated 14.9.2007. In this Writ Petition, the petitioners inter alia pray for a direction to the District Educational Officer to consider Ext.P4 and pass orders thereon within a time limit to be fixed by this Court. WP(C) 17092/08 -: 2 :- 3. The question whether the request made by the petitioners in Ext.P4 representation can be granted or not is primarily a matter for the District Educational Officer to decide. Ext.P4 representation was submitted on 14.9.2007. Eighteen months have passed thereafter. In these circumstances, I dispose of this Writ Petition with a direction to the District Educational Officer, Neyyattinkara to consider the request made by the petitioners in Ext.P4 and take a decision thereon after notice to and affording the petitioners and the third respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date of receipt of a certified copy of this judgment. The petitioners shall in order to enable the District Educational Officer to pass orders as directed above, produce before him a copy of this Writ Petition along with a certified copy of this judgment. P.N.Ravindran, Judge. ess 31/3