Kerala High Court

WP(C)/840/2009 of MANAGER, Vs STATE OF KERALA, on 10 April 2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 840 OF 2009 PETITIONER: 1 MANAGER, V.P PADMINI, PALLIKKARA ALP SCHOOL P.O. PALLIKKARA, PAYYOLI - VIA,, KOZHIKODE, PIN – 673 522 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.M.MANOJ

THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA,

WP(C) NO. 840 OF 2009

PETITIONER:

MANAGER,

V.P PADMINI, PALLIKKARA ALP SCHOOL P.O.

PALLIKKARA, PAYYOLI - VIA,, KOZHIKODE,

PIN – 673 522

MANAGER.

RAJAN P.P, TRIKKTTUR AUP SCHOOL,,

P.O.THIKKODI, KOZHIKODE - 673 529.

BY ADVS.

JIJI THOMAS

G.B.SHAMJITH

RESPONDENTS:

STATE OF KERALA,

REPRESENTED BY THE SECRETARY OF GOVERNMENT,, DEPARTMENT OF GENERAL EDUCATION,, GOVERNMENT

SECRETARIAT, THIRUVANANTHAPURAM.

THE DIRECTOR OF PUBLIC INSTRUCTION,

THIRUVANANTHAPURAM.

THE DEPUTY DIRECTOR OF EDUCATION,

KOZHIKODE.

THE ASSISTANT EDUCATIONAL OFFFICER

MELADI, KOZHIKODE.

BY ADV GOVERNMENT PLEADER

SRI.BINOY DAVIS,GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY

HEARD ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

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J U D G M E N T

(Dated this the 10th day of April, 2025)

Today when the matter is taken up for consideration, the learned Counsel for the petitioner submitted that nothing survives in the prayer sought in the writ petition. In fact, the issue involved pertains to the specification of classrooms. The learned Government Pleader also submitted that the school building is a pre-KER building.

2. In the light of the Division Bench decision in Manager, Vengeri A.U.P. School and others v. State of Kerala represented by the Secretary to Government and Others [2009 (2) KHC 778], nothing survives in this writ petition. Accordingly, the writ petition is dismissed as infructuous. Sd/- P.M MANOJ JUDGE AKH

APPENDIX OF WP(C) 840/2009 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11.02.1975 OF THE GENERAL EDUCATION (J) DEPARTMENT. EXHIBIT P2 COPY OF THE FITNESS CERTIFICATE OF THE SCHOOL BUILDING DATED 28.08.2008. EXHIBIT P3 COPY OF CIRCULAR DATED 10.03.2006 OF THE GENERAL EDUCATION (M)DEPARTMENT. EXHIBIT P4 COPY OF CIRCULAR DATED 17.12.2007 OF THE 2ND RESPONDENT. EXHIBIT P5 COPY OF CIRCULAR DATED 17.03.2007 OF THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 03.06.2008 IN WP(C)NO.16415/2008.

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