Kerala High Court
WP(C)/41370/2016 of P. NARAYANI Vs THE ASST. EDUCATION OFFICER on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C). No.41370 of 2016 (U) ---------------------------- PETITIONER(S): ----------------------- 1. P. NARAYANI, POOVOLI HOUSE, THIKKODI P.O., KOZHIKODE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C). No.41370 of 2016 (U)
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PETITIONER(S):
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1. P. NARAYANI,
POOVOLI HOUSE, THIKKODI P.O., KOZHIKODE DISTRICT, PIN.673 529. KOZHIKODE DISTRICT, PIN.673 529.
2. E.K. RAJALAKSHMI,
ELAMAKKANDI HOUSE, THIKKODI P.O., KOZHIKODE DISTRICT, PIN.673 529. KOZHIKODE DISTRICT, PIN.673 529.
3. B.K. SATHI,
ELAMAKKANDI HOUSE, THIKKODI P.O., KOZHIKODE DISTRICT, PIN.673 529. KOZHIKODE DISTRICT, PIN.673 529.
4. V. SUMOM,
SARGAM HOUSE, KAVILTHAZHA, NADAKKUTHAZHA P.O, VADAKARA, KOZHIKODE DISTRICT, PIN.673 104. NADAKKUTHAZHA P.O, VADAKARA, KOZHIKODE DISTRICT, PIN.673 104.
5. E.K. SARASWATHI,
ELAMAKKANDI HOUSE, THIKKODI P.O., KOZHIKODE DISTRICT, PIN.673 529. KOZHIKODE DISTRICT, PIN.673 529.
BY ADVS.SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SRI.K.VINODKUMAR (707/89)
SMT.M.SANTHY SMT.M.D.BEENA SMT.M.D.BEENA
RESPONDENT(S):
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1. THE ASST. EDUCATION OFFICER
MELADY SUB DISTRICT EDUCATION OFFICE, MELADY P.O, QUILANDY, KOZHIKODE DISTRICT-673 305. MELADY P.O, QUILANDY, KOZHIKODE DISTRICT-673 305.
2. THE THRIKKOTTOOR VIDYABYASA COMMITTEE
REGN. NO.16/51, THIKKODY P.O, KOZHIKODE DISTRICT-673529, REPRESENTED BY E.K.RAJAKRISHNAN, PRESIDENT. REPRESENTED BY E.K.RAJAKRISHNAN, PRESIDENT.
BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S)' EXHIBITS:
P1: PHOTOCOPY OF THE COMMON JUDGMENT PASSED IN WPC NO.19377/2016 ANDWPC NO.26604/2016 DATED 01.09.2016.WPC NO.26604/2016 DATED 01.09.2016.
P2: PHOTOCOPY OF THE NOTICE SO ISSUED BY THE 1ST RESPONDENT DATED09.11.2016.09.11.2016.
P3: LAST LIST OF THE MANAGEMENT COMMITTEE MEMBERS SUBMITTED BY THE 2NDRESPONDENT AS PRESIDENT BEFORE THE DISTRICT REGISTRAR ALONG WITHCOVERING LETTER DATED 08.06.2015.RESPONDENT AS PRESIDENT BEFORE THE DISTRICT REGISTRAR ALONG WITHCOVERING LETTER DATED 08.06.2015.
P4: PHOTOCOPY OF THE PLAINT IN O.S.NO.2/2016 IN THE FILE OF THE MUNSIFFSCOURT, PAYYOLI.COURT, PAYYOLI.
P5: PHOTOCOPY OF THE ORDER PASSED BY THE HON'BLE MUNSIFFS COURT, PAYYOLIIN I.A.NO.15/2016 IN O.S.NO.2/2016.IN I.A.NO.15/2016 IN O.S.NO.2/2016.
RESPONDENT(S)' EXHIBITS:-NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J
- - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41370 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016
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JUDGMENT
The petitioners claim to be committee members of theeducational agency of the school by name 'Thrikkottoor AidedU.P.School'. They say that the manager had earlier approached thisCourt and obtained Exhibit P1 judgment, as per which, this Courthad directed the Assistant Educational Officer to hear the petitionersin both the writ petitions, which includes them, and to take adecision thereon. Their present complaint is that in spite of thosedirections in Exhibit P1, no proper notice is served on them and thatthe notices that are alleged to be served on them or issued to themwere, in fact, defective and did not reach them.
2. I have heard the learned counsel for the petitioners and thelearned Government Pleader appearing on behalf of the firstrespondent.
3. In the nature of the directions I propose to issue in this writpetition, notice to the 2[nd] respondent is dispensed with reservingliberty to seek re-hearing of this writ petition, if they are so advised.
4. I see from Exhibit P1 that directions have been issued tohear the petitioners therein, which includes the petitioners in this WP(C).41370/16
writ petition also. However, their contention appears to be that theydid not receive the notice that is directed to be issued as per theterms of Exhibit P1 judgment because the notices were defective.These are all essentially questions of fact and I am not in a position,acting under Article 226 of the Constitution of India, to enter into anenquiry as to the validity or otherwise of these submissions.
5. However, since the directions in Exhibit P1 judgment is veryspecific that the petitioners also be heard, I deem it appropriate thatif no orders have been issued by the Assistant Educational Officerbased on Exhibit P1 as on date, he shall issue fresh notice to thepetitioners herein and only thereafter, take a decision as perdirections in Exhibit P1.
Writ petition is ordered as above.
krj.4/1/2017
Sd/-
Devan Ramachandran, Judge