K N PANDARATHIL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This is an application presented on 3.3.1952 by K.N. Pandarathil, Manager, Sree Krishna Vilasom English High School, Pirappancode, Nedumangad, against the District Collector, Trivandrum as the 1st respondent, and the Chief Secretary to Government of Travancore - Cochin as the 2nd respondent representing the State, praying for the issue of a writ of certiorari to bring up and quash the notice, M-1-120/52/Mag. 1 dated 29.2.1952 issued by the 1st respondent to him, and for appropriate writs and directions to prohibit both the respondents from interfering with the petitioners right of property:- (1) in the premises and building belonging to him in which the said school was being conducted, (2) in the school (3) in the equipments therein and (4) in the right of management vested in him in conducting the school. That notice was in these terms:-

(2.) The petitioner had approached this court with a prayer for similar reliefs regarding the same school by O.P. 6/1952. That was disposed of by this court by the following order:-

(3.) On 24.2.1952 the petitioner issued a notification in a local daily called Malayala Rajyam to the effect that normal work in the school would be resumed from the next day and requesting the students to attend. Even prior to this, that is on 21.2.1952, the petitioner sent a letter to the Director of Public Instruction intimating him that the school will be reopened on 25.2.1952 and that the examination which had been fixed for 10.12.1951 would be conducted that day. The attendance on that day having been poor the examination was not in fact conducted. That matter was reported to the Director who sent a reply the next day. Meanwhile the State sent a letter to the petitioner on 25.2.1952 to which he sent a prompt reply. On 29.2.1952 the State passed the aforesaid order which was in the following terms:-