P Prabhakaran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 34554 of 2014 (S) ---------------------------- PETITIONER(S):
------------ P PRABHAKARAN AGED 62 YEARS S/O.LATE GOVINDAN NAMBIAR, KAKKARA, VELLORA AMSOMDESOM KAKKARA P.O., THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS.SRI.P.R.SREEJITH SRI.K.V.MANOJ KUMAR SRI.M.PROMODH KUMAR SMT.MAYA CHANDRAN 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 - 695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION KANNUR - 670002.
BY GOVERNMENT PLEADER SMT. GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34554 of 2014 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXT.P-1:TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 18.9.2012 TO THE EDUCATION MINISTER WITH ENGLISH TRANSLATION.
EXT.P-2:TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 3.10.2012 TO THE CHIEF MINISTER OF KERALA WITH ENGLISH TRANSLATION.
EXT.P-3: TRUE COPY OF THE FORWARDING LETTER DATED 12.12.2012 OF THE GENERAL SECRETARY OF MUSLIM LEAGUE KERALA STATE COMMITTEE WITH ENGLISH TRANSLATION.
EXT.P-4: TRUE COPY OF LETTER DATED NIL HON'BLE CHIEF MINISTER FORWARDING THE REPRESENTATION TO THE IST RESPONDENT WITH ENGLISH TRANSLATION.
EXT.P-5: TRUE COPY OF THE 3RD RESPONDENT'S FEASIBILITY REPORT DATED 23.5.2013 TO THE 2ND RESPONDENT ALONG WITH THE REPORT OF DEPUTY EDUCATIONAL OFFICER, PAYYANNUR AND AFFIDAVIT SWORN BY THE PETITIONER WITH ENGLISH TRANSLATION. EXT.P-6: TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 5.7.2014,REQUESTING TO INITIATE FURTHER ACTIONS IN THE LIGHT OF EXT.P5 REPORT WITH ENGLISH TRANSLATION.
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P. (C ) No. 34554 of 2014 - S ....................................................... Dated this the 5th day of February, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard the learned counsel for the petitioner.
2. This Writ Petition has been filed as a public interest litigation seeking a direction to the first respondent to pass orders pursuant to Exts. P5 and P6 granting sanction for upgrading Kakkara Gandhi Smaraka U.P. School to High School, after affording the petitioner an opportunity of being heard, if so found for providing necessary infrastructure, within a shortest time frame.
3. Petitioner claims to be the President of Grama Vikasana Samithi. Learned counsel for the petitioner submitted that as per
W.P. (C ) No. 34554 of 2014 - S Ext. P5 feasibility report has been submitted by the Deputy Director of Education, Kannur, on the matter, along with the report of the Deputy Educational Officer, Payyannur. But, pursuant to Ext. P5, further action has not been taken. Petitioner claims to have submitted a representation as Ext. P6.
4. The question of upgradation of an Upper Primary School as High School is a question of policy Scheme of the State Government and it is the for the State Government to consider the and take appropriate decision. We see no reason to issue any direction as prayed for in the present Writ Petition, at the instance of the petitioner.
With this observation this Writ Petition is closed. ASHOK BHUSHAN , Ag. CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE ani/