Kerala High Court
Sreekumari Amma vs State Of Kerala on 11 October, 2011
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
TUESDAY, THE 7TH DAY OF FEBRUARY 2012/18TH MAGHA 1933
WPC.No. 3056 of 2012 (F)
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PETITIONER:
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SREEKUMARI AMMA
W/O.M.DINESHAN, AGED 48 YEARS, SREEDI NILAYAM
KOOTTARITHAZHA, P.O.CHORODE, VADAKARA
KOZHIKODE DISTRICT, PIN-673 106.
BY ADVS.SRI.C.VALSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM, PIN-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM, PIN-695 001.
3. THE ASSISTANT EDUCATION OFFICER
ASSISTANT EDUCATIONAL OFFICE, P.O.MELADI
(VIA) QUILANDY, KOZHIKODE DISTRICT, PIN-673 522.
4. PILLATTIL ATMARAMAN
VANMUGAM AMSOM, CHINGAPURAM DESOM, P.O.CHINGAPURAM
(VIA) QUILANDY, KOZHIKODE DISTRICT, PIN-673 529.
5. THE PURAKKAD SOUTH L.P.SCHOOL
REPRESENTED BY THE APPOINTED INTERIM MANAGER
P.O.PURAKKAD, THIKKODY, (VIA) QUILANDY
KOZHIKODE DISTRICT, PIN-673 522.
R1 TO R3 BY SR.GOVT.PLEADER SHRI M.A.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C)No.3056 of 2012 (F)
PETITIONER(S) EXHIBITS
EXHIBIT P1- PHOTOCOPY OF THE POWER OF ATTORNEY.
EXHIBIT P2- PHOTOCOPY OF THE COMPLAINT SENT BY THE PETITIONER TO
THE 3RD RESPONDENT DATED 11.10.2011.
EXHIBIT P3- PHOTOCOPY OF THE LETTER DATED 24.11.2011.
EXHIBIT P4- PHOTOCOPY OF THE APPEAL FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 12.12.2011.
RESPONDENTS' EXHIBITS: NIL.
TRUE COPY
P.A.TO JUDGE
dsn
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.3056 of 2012
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DATED THIS THE 7th DAY OF FEBRUARY, 2012
JUDGMENT
The petitioner claims to be a co-owner in respect of the properties of a school namely Purakkad South L.P.School. The school was owned by the father of the petitioner and other claimants, Shri Narayanan Nair who died on 28.11.1990. Later, by a registered power of attorney, all the legal heirs nominated their mother as the Manager of the school and after getting approval, she was continuing. Later, she died on 20.11.2009.
2. The present complaint is regarding the appointment of the 4th respondent as interim Manager, who is the brother of the petitioner. Exhibit P3 is the order passed by the Assistant Educational Officer.
3. The petitioner mainly contends that the order has been passed without justification and as a result of extraneous influence. It is stated that Late Shri Narayanan Nair had not executed any 'will' transferring his right over the property to the mother and the late mother also did not execute any 'will' in W.P.(C)No.3056/12 -2- favour of the 4th respondent. Therefore, the substance of the contention is that the approval of the 4th respondent as interim Manager is not in tune with the relevant rules and is thus illegal.
4. Exhibit P4 is the appeal filed by the petitioner before the Director of Public Instruction. It is submitted by the learned counsel for the petitioner that on the strength of Exhibit P3 order, there is a likelihood of the 4th respondent making appointments in the school.
5. There will be a direction to the Director of Public Instruction to take a decision on Exhibit P4 after hearing the petitioner, the Manager and the 4th respondent and other legal heirs, the names of whom are given in Exhibit P3 order itself. Along with a copy of the Writ Petition and a copy of this judgment, the petitioner will furnish the postal addresses of the other legal heirs to the Director of Public Instruction for issuing notices to them. Appropriate decision will be taken within a period of two months from the date of receipt of a copy of this judgment.
6. The learned counsel for the petitioner further prayed for a direction to the 4th respondent not to make any appointment W.P.(C)No.3056/12 -3- in the meanwhile. It is upto the petitioner to file appropriate application before the Director of Public Instruction seeking for any interim order in the matter and if an application is filed in that regard, it will be considered by the 2nd respondent for passing appropriate orders.
The Writ Petition is accordingly disposed of.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn