IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 5462 of 2009(C) ------------------------------------- PETITIONER(S): ----------------------- VASUMATHY.M.K, D/O. MADATHARA KUNJAYAPPAN AND W/O. CHERIYAMBADATH BHASKARAN, KOOLIMUTTAM DESOM AND VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADV. SRI.S.SUJIN RESPONDENT(S): -------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT. 2. UNNIRAJAN MASTER, S/O. MADATHARA KUNJAYYAPPAN, MADATHARA HOUSE, KALARIPARAMBU, MATHILAKAM, THRISSUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1,3 & R4 BY GOVT. PLEADER SMT.M.R.SREELATHA R2 BY ADV. SRI.M.K.DILEEP KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5462/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMON JUDGMENT OF THE SUB COURT, IRINJALAKKUDA DTD. 30.6.05 IN OS. NOS.7/97, 75/97, 108/97, 199/97 AND 225/97. P2:- COPY OF THE NOTICE DTD. 9.7.08 SENT BY THE PETITIONER TO ALL THE LEGAL HEIRS OF LATE KUNJAYAPPAN. P3:- COPY OF THE MINUTES OF THE MEETING HELD ON 20.7.08. P4:- COPY OF THE LETTER DTD. 21.7.08 SENT BY THE PETITIONER TO THE HEADMISTRESS OF THE K.M.L.P.SCHOOL. P5:- COPY OF THE LETTER DTD. 21.7.08 SENT BY THE PETITIONER TO THE IST RESPONDENT. P6:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD. 5.11.08 IN WPC. 32491/08. P7:- COPY OF THE PROCEEDINGS NO.B/1884/07 DTD. 22.1.09 OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL: TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5462 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011. JUDGMENT The affairs of a school established by the father of the petitioner Shri Kunjayappan is the subject matter of dispute herein. The school was established by the deceased father and he was the Manager also. After his death, his wife Smt. Madhavi was the Manager. She died on 1.11.2007. The managership thus became vested with the legal heirs of Smt. Madhavi. 2. The right of management of the school was the subject matter of dispute in O.S. Nos.7/97, 75/97, 108/97, 199/97 and 225/97 which were disposed of by the Sub Court, Irinjalakuda as per Ext.P1 common judgment. Even though A.S. No.291/2005 is pending against Ext.P1, there is no interim order also in the matter. The present writ petition is filed challenging the order Ext.P7 order passed by the Assistant Educational Officer, postponing the approval of appointment of the Manager till the appeal is disposed of. Earlier, the petitioner approached this Court by filing W.P.(C) No.31492/2008 wherein this Court directed the Assistant Educational Officer to take a decision in the matter. wpc 5462/2009 2 3. The crux of the contention of the petitioner is that majority of the legal heirs in a meeting held on 20.7.2008 resolved to appoint Smt.M.K. Usha, one of the legal heirs as Manager. This Court directed the Asst. Educational Officer to pass orders in the matter. 4. A reading of Ext.P7 order shows that all the eight legal heirs were present before the Asst. Educational Officer, but nobody produced the legal heirship certificate. The Asst. Educational Officer tried to have a consensus in the matter and there was no unanimity. It is in these circumstances, Ext.P7 order was passed. 5. Ext.P7, as rightly pointed out by the learned counsel for the petitioner, does not decide anything with regard to the approval of the managership which was directed to be decided by this Court in Ext.P6 judgment. The civil suits have ended in a decree and judgment. Admittedly, all the legal heirs have got right in the property of the school. The majority has nominated one person as the Manager. Therefore, a decision had to be taken by the Asst. Educational Officer with regard to the approval of managership of the school. That is absent in the order. The only reason stated in Ext.P7 not to take a decision is the pendency of the appeal. Admittedly there are no interim orders in force in the said appeal also. Hence, the same cannot be a reason at all. 6. In the light of the above, Ext.P7 order cannot be sustained. In the wpc 5462/2009 3 counter affidavit filed by the first respondent, the history has been explained in detail. What is pointed out in para 8 is that no judgment is received in A.S. No.291/2005 and therefore the first respondent could not appoint anyone as the Manager of the school. The pendency of the civil dispute between the parties need not deter the Asst. Educational Officer from taking a decision on the grant of approval of managership of the school. Any decision taken will only be subject to the result of the appeal pending before the civil court. The school cannot effectively be managed in the absence of an approved Manager. 7. In that view of the matter, Ext.P7 is quashed. There will be a direction to the petitioner to produce the legal heirship certificate before the Asst Educational Officer. The Asst. Educational Officer after giving an opportunity for hearing to all the legal heirs, will take a decision with regard to the approval of appointment of Manager. A decision will be taken within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/