IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 30006 of 2010(A) ---------------------------------- PETITIONER(S): ------------------- 1. P.P.BABY, S/O.POULOSE, PANIKULAM HOUSE, KURIACHIRA P.O., THRISSUR. 2. P.F.THOMAS, S/O.FRANCIS, PANIKULAM HOUSE, KATTOOR P.O., THRISSUR. BY ADV. SRI.T.SREEKANTAN RESPONDENT(S): -------------------- 1. P.P.LOUIS, S/O.POULOSE, PANIKULAM HOUSE, KATTOOR P.O., THRISSUR - 680 702. 2. KUNJIPALU JOHN, S/O.KUNJIPALU, PANIKULAM HOUSE, KATTOOR P.O., THRISSUR - 680 702. 3. A.K.ANTONY, ALAPPAT HOUSE, KATTOOR P.O., THRISSUR - 680 702. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKKUDA - 01. 5. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 01. 6. STATE OF KERALA, REPRESEENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 01. R1 BY ADV. SRI.M.P.ASHOK KUMAR R-3 BY ADV. SRI.M.P.ASHOK KUMAR R4-6 BY GOVT. PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 30006/2010(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BYELAWOF THE POMPAI EDUCATION SAMITHY P2: COPY OF THE WILL DATED 03/08/64, OBTAINED FROM THE SRO THRISSUR. P3: COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION DATED 12/05/2001. P4: COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER DATED 29/03/2005, APPOINTING THE 1ST RESPONDENT AS THE MANAGER OF THE EDUCATIONAL AGENCY. P5: COPY OF THE JUDGMENT IN WPC. 30721/2004. P6: COPY OF THE MINUTES DATED 16/11/87. P7: COPY OF THE PROCEEDINGS OF THE THEN REGIONAL DIRECTOR DATED 27/09/1975. P8: COPY OF THE LETTER SENT TO THE 1ST RESPONDENT IS PRODUCED. P9: COPY OF THE INTERIM ORDER DATED 04/06/2010 IN WPC.16612/10. P10: COPY OF THE JUDGMENT DATED 01/07/2010 IN WPC. 16612 P11: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 16/08/2010. P12: COPY OF THE REPRESENTATION DATED 15/09/2010 FILED BY THE 2ND PETITIONER. P13: COPY OF THE REPRESENTATION DATED 17/09/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.30006 Of 2010 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T An educational agency having two schools, namely Pompai St.Mary's Vocational Higher Secondary School, Kattor and Pompai St.Mary's Lower Primary School, has filed this Writ Petition. It is averred in the Writ Petition that the School was initially started in the year 1837 as a Primary School in the erstwhile State of Cochin and was upgraded as High School in the year 1939. It is also stated that the school was initially started by two prominent families, namely, Panikkulam and Alappat in Cochin State. It is averred in the Writ Petition that apart from the second petitioner, one more founder member is alive. The petitioner and the first respondent are the legal heirs of Shri Kunjippalu Poulose 2. Presently, the dispute between the petitioners and the 1st respondent is for Managership. The 1st respondent is claiming right of Managership on the strength of a will executed by his father. 3. The Writ Petition is filed seeking for a direction to the W.P.(C)No.30006/10 -2- Deputy Director of Education to consider and pass orders on Exhibits P11 to P13 submitted by the petitioners. 4. Heard the learned counsel for the 1st respondent and the learned Government Pleader. 5. The learned counsel for the 1st respondent submitted that the 1st respondent is claiming right pursuant to the will executed by the father. Evidently, the term of the 1st respondent expired in the year 2008. Therefore, appropriate decision has to be taken without further delay in the matter. 6. There will be a direction to the Deputy Director of Education to consider and pass orders on Exhibits P11 to P13 with notice to the petitioners, respondents 1 to 3 and other affected parties, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A. to Judge