IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 17562 of 2006(N) ---------------------------------------- PETITIONER(S): ------------------------ 1. RAJULA BEEVI, AGED 42, W/O.A.ABDUL KALAMKHAN, A.K.NIVAS, MANANAKKU, ATTINGAL, THIRUVANANTHAPURAM. 2. NISHA KHAN, AGED 24, D/O.RAJULA BEEVI, A.K.NIVAS, MANANAKKU, ATTINGAL, THIRUVANANTHAPURAM. 3. THUSHARA KHAN, AGED 22, D/O.RAJULA BEEVI, A.K.NIVAS, MANANAKKU, ATTINGAL, THIRUVANANTHAPURAM. 4. GINU KHAN, 19, S/O.ABDUL KALAMKHAN, A.K.NIVAS, MANANAKKU ATTINGAL, THIRUVANANTHAPURAM. BY ADV. MR.THIRUMALA P.K.MANI RESPONDENT(S): ------------------------- 1. ASSISTANT EDUCATIONAL OFFICER (AEO), ATTINGAL, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER (DEO), ATTINGAL, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. DIRECTOR OF PUBLIC INSTRUCTION, D.P.I., THIRUVANANTHAPURAM. W.P.(C) NO.17562/2006 5. LALLY S.KHAN, D/O.ABDUL SAMAD KHAN, VADAKKE BUNGLOW, CHIRAYINKIZHU, THIRUVANANTHAPURAM. 6. P.RAHIM, MANAGER, Y.L.M.U.P.S., KEZHATTINGAL, CHIRAYINKIZHU, THIRUVANANTHAPURAM. BY ADV. MR.S.JAMES VINCENT FOR R5 & 6 GOVERNMENT PLEADER MR.T.K.VIPINDAS FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.17562 OF 2006 ---------------------------- DATED THIS THE 4TH DAY OF MARCH, 2009 JUDGMENT Petitioners are the wife and children of Mr. Abdul Kalam Khan, who is alleged to be the Manager of the Y.L.M. U.P. School. According to the petitioners, the said school originally belonged to Abdul Hameed Khan and Salka Beevi and after their death, the legal heirs inherited the property and therefore, they constituted the Educational Agency for the purpose of administration and management. This writ petition is filed for a declaration that respondents 4 and 5 have no right to alienate the property and effect change of Management of Y.L.M. U.P. School and for an order restraining respondents 1 to 4 from issuing sanction for alienation of the property and effecting change of management of the Y.L.M. U.P. School. 2. In the counter affidavit filed by the 4th respondent it is inter alia contended that the challenge in this writ petition -2- W.P.(C).No.17562/06 regarding the ownership right between the plaintiffs and respondents 5 and 6 is a civil dispute which can be resolved only through a court of law. So the remedy available to the petitioners is not to file the writ petition. It is further contended that the remedy available to the petitioners is to file a civil suit for establishing their respective rights. Learned counsel for respondents 5 and 6 resisted the writ petition and contended that the Abdul Kalam Khan is only a correspondent and not the Manager of the School, that he was removed from the post of correspondent in the year 1996, that the removal was approved by the Director of Public Instruction and that by virtue of the settlement deed in their favour, respondents 5 and 6 are the persons entitled to administer and manage the school in their capacity as the lawful owners. 2. In the light of the respective contentions taken by the parties, the dispute can be resolved only by filing a civil suit before the court below. Petitioners are not entitled to any relief -3- W.P.(C).No.17562/06 in the writ petition. Accordingly, the writ petition is closed without prejudice to the right of the petitioners to move the civil court. The interim order dated 6/7/2006 passed by this Court shall continue for a period of two months, in order to facilitate the petitioners to approach the civil court. HARUN-UL-RASHID, Judge. kcv.