IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33253 of 2009(B) -------------------------------- PETITIONER: -------------- C.H.PRABHAKARAN, AGED 66 YEARS, S/O.LATE RAMAN, CHITTARIKKAL HOUSE (SUN VIEW) EDACHERRY, P.O.PALLIKUNNU, KANNUR. BY MR.C.P.PEETHAMBARAN, ADVOCATE. RESPONDENTS: ------------------ 1. T.V.VALSALA KUMARI, HILL VIEW, VADUVANKULAM, KUTTIYATTOOR POST-670 602, MAYYIL, KANNUR. 2. T.V.ARAVINDAKSHAN, HEAD MASTER, PARIYARAM U.P.SCHOOL, POST KOLARI, MATTANNUR, KANNUR. 3. T.V.VASANTHI, D/O.OTHENAN, MANALIL HOUSE, CHUNGAM, P.O. ERANHOLI, THALASSERY TALUK. 4. THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DISTRICT. 5. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33253 OF 2009 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioner herein claims to have been nominated as Manager of Pariyaram U.P.School, Kolari by the major sharers after passing the preliminary decree in O.S.No.208/1994. It was established by one Komar, the petitioner's grand father. There is a dispute between various claimants. Respondents 1 to 3 are some of such claimants. The main relief sought for in the writ petition is for a direction to the 5th respondent to consider and pass orders on Exhibit P6 appeal within a time frame. The petitioner is challenging Exhibit P4 order passed by the 4th respondent-Assistant Educational Officer. 2. Learned counsel for the petitioner points out that the 1st respondent herein had filed a Writ Petition (C) No.22004/2009 wherein this Court, by judgment dated 05.11.2009, has directed the Assistant Educational Officer to pass appropriate orders after hearing all the parties in the light of the order passed by the W.P.(C) No.33253/2009 2 District Educational Officer as per No.B5/6305/2009 dated 05.09.2009. A reading of the judgment shows that this Court had directed the Assistant Educational Officer to pass orders after hearing all the parties within a period of six weeks from the date of receipt of a copy of the judgment. The petitioner prays that the petitioner also may be heard before passing such orders as he has already approached the Assistant Educational Officer. Therefore, in terms of the directions issued by this Court in W.P.(C) No.22004/2009, the petitioner also will be heard by the Assistant Educational Officer who is the 4th respondent herein and the claim raised by the petitioner will also be considered on merits. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp