IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2334 of 2009(C) ------------------------------------------ OS.165/2005 of SUB COURT, OTTAPPALAM .................... PETITIONER: GOPINATHAN, S/O. LATE RAMAKRISHNA GUPTHAN, RESIDING AT MANIKANDATHU CHUNDEKKATTU, PULLUNDASSERY AMSOM, AZHIYANNUR DESOM, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: 1. CHANDRA MOHANAN, S/O.LATE RAMAKRISHNAN GUPTHAN. 2. MALATHI BALAKRISHNAN, D/O. LATE RAMAKRISHNA GUPTHAN. 3. LEELA SUBRAMANIAN, D/O. LATE RAMAKRISHNA GUPTHAN. RESPONDENTS 1 TO 3 ARE RESIDING AT MANIKANDATHU CHUNDEKKATTU, AZHIYANNUR DESOM, PULLUNDASSERY AMSOM, OTTAPALAM TALUK, PALAKKAD. 4. K.N.RAVICHANDRAN, S/O.KALAMKALLINKAL NARAYANA GUPTHAN, RESIDING AT PULLUNDASSERY AMSOM, OTTAPALAM TALUK, PALAKKAD. 5. THE SECRETARY, KADAMBAZHIPURAM, SERVICE CO-OPERATIVE BANK, KADAMBAZHIPURAM, PALAKKAD. 6. THE MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK, MAIN BRANCH, PALAKKAD. 7. THE MANAGER, STATE BANK OF TRAVANCORE PERINGODE BRANCH, PARASSERY PO, PALAKKAD. 8. THE MANAGER, CANARA BANK, KONGAD, PALAKKAD. 9. THE MANAGER, PUNJAB NATIONAL BANK KADAMPAZHIPURAM, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.2334 of 2009 C -------------------------- JUDGMENT Petitioner is the plaintiff in O.S.No.165/05 on the file of the Sub Court, Ottapalam. The said suit is submitted to be one for partition, claiming one fourth share and that items of property sought to be partitioned, include the building, where the Higher Secondary School, Kadambazhipuram is housed and also its management. It is further submitted that the fourth respondent has claimed exclusive right as regards the management on the basis of a will allegedly executed by the predecessor in interest of the petitioner/plaintiff and that he obtained exemption from the Government to be the Manager of the School, which exemption has, however, been stayed as per an interim order of this Court in W.P.(C)No.7422/07. 2. According to the petitioner, the Director of Public Instruction, the Deputy Director of Education, the District Educational Officer and the WPC 2334/09 2 State are also to be on the party array as additional defendants in the suit so that they may be put to notice about the developments in the suit, including the finding as regards the genuineness or otherwise of the will relied on by the fourth respondent and therefore, an application was moved in the court below for impleading them as additional defendants 10 to 14, but that, vide Exhibit P1 order, the court below dismissed the said application holding that they have no role in the dispute involved in the suit, though the school is an aided school. 3. Having heard the submissions of the counsel for the petitioner, I am not of the view that additional parties sought to be impleaded, who are statutory authorities under the Kerala Education Rules and the Government, require to be impleaded as additional defendants in the suit, as any decision taken with respect to the rights of the parties in the suit will be binding on them in the WPC 2334/09 3 matter of passing order in relation to the management of the school and they have no say also in the matter of adjudication of the rights of the parties involved in the suit. This writ petition is, hence, devoid of any merit. 4. Counsel for the petitioner submits that a direction be issued to the court below to give at least two months time to the petitioner to complete all pretrial steps as certain documents are to be got down for the purpose of the case. He further submits that there is no other order from any other court directing a speedy disposal of the suit and that the case is not already included in the list. Believing the submissions so made, I direct the court below that the suit need be included for trial in the special list only after two months. The writ petition is disposed of with the above direction. 22nd January, 2009 (K.P.Balachandran, Judge) tkv