High Court of KeralaWP(C)/15905/2015disposed of

Shajahan C v. State Of Kerala

2015-06-22Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WP(C).NO. 15905 OF 2015 (K) ---------------------------- PETITIONER(S):

--------------- SHAJAHAN C, CHEERANGAN HOUSE, INDIANOOR, MALAPPURAM -676 503. BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

3. THE ASSISTANT EDUCATIONAL OFFICER MALAPPURAM - 676 503.

4. THE MANAGER AIDED MAPPILA LOWER PRIMARY SCHOOL, VILLOOR, INDIANOOR MALAPPURAM - 676 503.

R4 BY ADV. SRI.V.A.MUHAMMED R4 BY ADV. SRI.M.SAJJAD BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 15905 OF 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P-1: TRUE COPY OF THE PETITION DATED 2.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P-2: TRUE COPY OF THE JUDGEMENT DTD 7.4.2014 IN WPC NO.8686/14 OF THIS HON'BLE COURT.

EXT.P-3: TRUE COPY OF THE PROCEEDINGS DATED 4.10.2014 FROM THE 2ND RESPONDENT EXT.P-4: TRUE COPY OF THE REPRESENTATION DATED 10.5.2015 SUBMITTED BEFORE THE RESPONDENTS 1 AND 2.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 22nd day of June, 2015 J U D G M E N T The petitioner in the writ petition apprehends that, notwithstanding Ext.P3 order that was passed by the 2nd respondent, rejecting the application submitted by the 4th respondent Manager for shifting the location of the A.M.L.P. School, Villoor, Malappuram, the 4th respondent will take steps to shift the location of the School. It is under these circumstances, that the petitioner has approached this Court through the present writ petition, seeking a direction to the official respondents to prevent the 4th respondent from shifting the location of the School from its present site.

2. I have heard the learned counsel for the petitioner, the learned counsel for the 4th respondent and the learned Government Pleader for the official respondents. The learned counsel for the 4th respondent would submit that, against Ext.P3 order of the 2nd respondent rejecting its application for shifting of the School, it has preferred a revision before the 1st respondent and the same is pending consideration before the said respondent. Counsel for the petitioner would submit that if the 1st respondent considers the objections of the

petitioner also, while considering the revision petition filed by the 4th respondent against Ext.P3 order of the 2nd respondent, then that should redress his grievance.

On a consideration of the facts and circumstances of the case, as also the submissions made across the bar, and in the light of the submissions made above, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on the revision petition filed by the 4th respondent, against Ext.P3 order of the 2nd respondent, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner and the 4th respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns