Kerala High Court
K.Ramesan vs K.Anil Kumar on 5 November, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
WA.No.1261 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 13858/2020(F) OF HIGH COURT OF
KERALA
APPELLANTS:
1 K.RAMESAN,
AGED 62 YEARS
S/O.LATE C.K.BALAN,KRISHNA SADAN,OLAVILAM P.O.,
CHOKLI,KANNUR-673 313.
2 K.MANOJ KUMAR,
S/O.LATE C.K.BALAN,KRISHNA SADAN,OLAVILAM
P.O.,CHOKLI,KANNUR-673 313.
3 K.PRASEETH KUMAR,
S/O.LATE C.K.BALAN,KRISHNA SADAN,OLAVILAM
P.O.,CHOKLI,KANNUR-673 313.
4 C.K.SHIVLAL,
S/O.LATE C.K.BALAN,KRISHNA SADAN,OLAVILAM
P.O.,CHOKLI,KANNUR-673 313.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENTS:
1 K.ANIL KUMAR
S/O.NANU K.KOTTAYIL HOUSE,OLAVILAM P.O.,
KANNUR-673 313.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL
EDUCATION,POOJAPURA,THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF DDE,KANNUR,PIN-670 002.
W.A.No.1261/2020 2
4 THE DISTRICT EDUCATION OFFICER,
OFFICE OF THE DISTRICT EDUCATION
OFFICER,THALASSERY,KANNUR-670 101.
5 THE PRINCIPAL,
RAMAVILASAM HIGHER SECONDARY SCHOOL,
CHOKLI,KANNUR-670 672.
R1 BY ADV. SRI.T.T.MUHAMOOD
R1 BY ADV. SRI.A.RENJIT
R1 BY ADV. SRI.V.E.ABDUL GAFOOR
R1 BY ADV. SRI.A.MOHAMMED SAVAD
R1 BY ADV. SRI.C.Y.VINOD KUMAR
R1 BY ADV. SHRI.T.R.VISHNU
BY SMT. RAJI. T. BHASKAR - GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.11.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1261/2020 3
JUDGMENT
Dated this the 5th day of November 2020 Shaffique, J.
This writ appeal has been filed by respondents 5 to 8 in W.P.(C)No.13858/2020. The writ petition was filed by the 1 st respondent herein inter alia seeking for a direction to the Director of General Education to consider Ext.P1 representation within a time frame. He had also sought for a declaration that respondents 5 to 8 are ineligible and disentitled to be appointed as the Manager of Ramavilasom Higher Secondary School, Chokli, Kannur. The 1 st respondent claimed to be one of the persons interested in the management of the said school. When the matter came up for admission, without notice to the party respondent, the learned single Judge disposed of the matter directing the 2 nd respondent to consider and pass orders on Ext.P1 representation within a prescribed time, after hearing the party respondents.
2. The party respondents have now preferred this appeal inter alia contending that one C.K. Balan was the Manager of the School and he owned properties as well. On his death, he executed a Will by virtue of which his wife late K.P. Sarojini became the Manager. She died on 3.7.2020. As per the Will executed by Sri. C.K. Balan (Annexure-A2), after the death of Smt. K.P. Sarojini, the management shall stand vested with the appellants on rotation basis, where each one of the appellants will function as the Manager for a period of one year. W.A.No.1261/2020 4 According to the appellants, when application has been submitted to the concerned Educational Officer for appointment of one of them as Manager, the 1 st respondent has preferred a writ petition as stated above. According to the appellants, the 1st respondent has no semblance of right in respect of either the School property or the management of the School. It is also stated that the 1 st respondent's mother, who had right in respect of the School property, had assigned her rights in favour of the appellants as per Annexure-VIII. Therefore, it is their contention that the writ petition had been filed with malafide intention and to unnecessarily interfere with the management of the School.
3. We heard the learned counsel for the 1 st respondent, who submits that the allegation of assignment of the property cannot be accepted and that the 1st respondent is also interested in the management of the School.
4. Apparently, this is a case in which some dispute has been raised by the 1st respondent regarding the management of the School. The 1 st relief sought for in the writ petition, i.e., for a declaration that respondents 5 to 8 (appellants herein) are ineligible and disentitled to be the Manager of the School, could not have been entertained by this Court. Now coming to Ext.P1 representation, which is given to the 2nd respondent, if at all any application has to be filed to appoint a person as a Manager of the School, the initial competent authority is the District Educational Officer. If any such application is pending consideration before the District Educational Officer, it is for the said authority to consider and pass appropriate orders. If the 1 st respondent has any right as such, it is open for him to approach the District Educational Officer and submit his objection as well, in which event, the District Educational Officer shall hear him also before passing W.A.No.1261/2020 5 an order. Other than that, the learned single Judge committed error in directing the Director of General Education, who is a higher authority, to dispose of Ext.P1. Apparently, the Director could not have passed any such order as prayed for in Ext.P1 as the request of the 1 st respondent was, not to approve any one proposed by the legal heir of Smt. Sarojini as Manager of the School. Such a relief could not have been granted by the said authority, as well. Under such circumstances, we are of the view that the writ appeal is to be allowed.
Accordingly, the writ appeal is allowed. We set aside the judgment of the learned single Judge. It shall be open for the 1st respondent to submit any objection to Annexure-VI, in which event, the District Educational Officer shall hear the appellants and the 1st respondent as well and pass appropriate orders.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P. JUDGE acd W.A.No.1261/2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE -I: TRUE COPY OF THE REGISTERED WILL EXECUTED BY KALLUVANTIDA KRISHNAN DATED 01.11.1957.
ANNEXURE-II: TRUE COPY OF THE REGISTERED WILL EXECUTED BY C.K.BALAN DATED 28.09.1999.
ANNEXURE-III: TRUE COPY OF THE ORDER NO.EM3/55181/06/DPI/D.DIS DATED 25.09.2008.
ANNEXURE-IV TRUE COPY OF THE GO(RT) NO.2108/11/G.EDN DATED 04.06.2011.
ANNEXURE- V: TRUE COPY OF THE ORDER DATED 31.01.2014 IN O.S.NO.110/2002 PASSED BY THE SUB COURT THALASSERY.
ANNEXURE-VI: TRUE COPY OF THE JUDGMENT DATED 20.08.2019 IN OS NO.519/2015 PASSED BY THE SUB COURT THALASSERY.
ANNEXURE-VII: TRUE COPY OF THE APPLICATION DATED 26.07.2020, EXCLUDING ANNEXURES,SUBMITTED BY THE 1ST APPELLANT.
ANNEXURE-VIII: TRUE COPY OF THE SALE DEED NO.1524/1 DATED 23.09.1992 AT SUB REGISTRAR OFFICE,CHOKLI.
ANNEXURE-IX: TRUE COPY OF THE PLAINT IN OS NO.346/2008 ON THE FILES OF HON'BLE MUNSIFF COURT, THALASSERY.
ANNEXURE-X: TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 15755/2020 DATED 04.08.2020 PASSED BY THIS HON'BLE COURT.
ANNEXURE -XI: TRUE COPY OF THE INTERIM ORDER DATED 24.08.2020 IN W.P.(C) NO.17398/2020 PASSED BY THIS HON'BLE COURT.