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2014 Supreme(Ker) 727

THOTTATHIL B.RADHAKRISHNAN, C.T.RAVIKUMAR, BABU MATHEW P.JOSEPH
STATE OF KERALA, REPRESENTED BY ITS SECRETARY – Appellant
Versus
N. K. KRISHNANKUTTY NAIR – Respondent


Advocates Appeared:
For the Petitioner:K.A.JALEEL, ADDL.ADVOCATE GENERAL
For the Respondent: SRI.JIJI THOMAS, SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.TONY GEORGE KANNANTHANAM

JUDGMENT :

Thottathil B.Radhakrishnan, J.

1. WA Nos.653 of 2011 and 53 of 2012 arise from WP(C) No.18311 of 2010, the latter among which is instituted having obtained leave to appeal. WA No.601 of 2011 arises from WP(C) No.16909 of 2010. Except the appeal instituted with leave, the other two appeals are by State of Kerala.

2. Issues arose as to whether the statutory authorities acted within jurisdiction in taking action to take over two schools, which are the subject matter of the two different writ petitions. The managers had issued notices under Section 7(6) of the Kerala Education Act, 1958, "KE Act", for short, about the intention to close down the schools concerned. The statutory provision envisages a notice of one year ending with 31st May of the year in which the school is proposed to be closed down, to the Government. The authorities, apparently, took action as if they were taking over the schools in question in terms of Section 14 of the KE Act. The learned single Judge found that action for take over can be only by the Government and decision in that regard has to be by that authority only, however that, the impugned decisions were issued either by the Director of Public Ins












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