IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 24428 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------ P.V.ABDUL LATHEEF, S/O.P.V.KUNHAYAMU, AGED 48 YEARS, RESIDING AT PULLARA VALAPPIL (H), PERUMUKKU, ALANKODE P.O., MALAPPURAM DISTRICT - 679585. BY ADVS. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM. 679 576. R1 TO R3 BY GOVERNMENT PLEADER RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24428/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SUCCESSION CERTIFICATE DT. 30.5.1961 ISSUED BY MUNSIFF'S COURT, PONNANI. P2:- COPY OF THE ORDER DT.D 29.5.2006 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE SALE DEED NO.1080/1962 DTD. 19.7.1962. P4:- COPY OF THE LETTER DTD. 19.7.2010 ISSUED BY 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24428 of 2010-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2011. JUDGMENT The petitioner is seeking for a direction to the third respondent to pass appropriate orders on the application for approving the transfer of Management with the transfer of ownership of A.M.L.P. School, Perumukku in his name, 2. The school originally belonged to one Shri P.V. Kunhumarakkar Molla, who died on 17.7.1960. All the legal heirs of Kunhumarakkar Molla assigned their right over the property and management of the school in favour of one son, Shri P.V.Abdul Rahiman as per the registered assignment deed dated 1080/1962 of S.R.O., Edappal dated 25.7.1962. The transfer of management including the properties of the school was approved in favour of Shri Abdul Rahiman, as evident from Ext.R2(a) order passed by the Assistant Educational Officer, Andathode dated 13.8.1962. He was functioning thereafter as Manager and owner of the school. 3. The petitioner is the purchaser of the school and its properties from Shri P.V. Abdul Rahiman. The purchase was effected as per the sale wpc 24428/2010 2 deed of the year 2004. By Ext.P2, the second respondent granted prior permission to transfer the management involving change of ownership in favour of the petitioner. Presently, the petitioner is aggrieved by Ext.P4, whereby the Asst. Educational Officer directed the petitioner to produce a legal heir certificate issued by the Tahsildar with respect to the legal heirs of Shri Kunhumarakkar Molla and it is the contention of the petitioner that the same is unnecessary. Apart from that, it is pointed out that many of the sons and daughters of Kunhumarakkar Molla have already left the world and as far as the petitioner is concerned, it is an impossibility to get such a certificate. 4. Learned Govt. Pleader submitted that while granting permission for change of management including change of ownership as per Ext.P2, the Asst. Educational Officer was directed to verify whether all the legal heirs of deceased Kunhumarakkar Molla had joined in the execution of sale deed No.1080/1962 and it is in these circumstances, it was insisted that the certificate of the Tahsildar is required. 5. Heard learned counsel for the petitioner and learned Govt. Pleader. 6. Learned counsel for the petitioner submitted that Ext.P1 is the copy of the succession certificate issued by the Munsiff's Court, Ponnani in wpc 24428/2010 3 O.P.No.9/1961, wherein the names of all the children of Shri Kunhumarakkar Molla are available. It is pointed out that Ext.P3 will also give the details of those legal heirs. It is further pointed out that as the transfer of management in favour of Shri Abdul Rahiman has been approved, as evident from Ext.R2(a), the petitioner cannot be compelled to produce the legal heir certificate of Shri Kunhumarakkar Molla, as he is only a subsequent purchaser from Shri P.V. Abdul Rahiman. 7. Evidently, the transfer of management of the school in favour of transferor of the the petitioner was approved as evident from Ext.R2(a). Reference is made therein to Ext.P1 succession certificate. A joint statement of the legal heirs dated 14.7.1961 attested by the Adhikari, Alankode on 14.7.1961, is also mentioned in the said order. It is also mentioned therein that the District Educational Officer had directed the Assistant Educational Officer to approve the change of management after obtaining a registered deed duly executed by the parties (legal heirs) relinquishing their right and title to the school site, building and other properties in favour of the transferee manager. Finally, it is mentioned that the legal heirs relinquished their right over the school building, site etc. as per a Teer Deed ( NO.1080/62) in favour of Shri P.V. Abdurahiman. It is therefore clear that the formalities with regard to the verification of the legal wpc 24428/2010 4 heirs were over, even going by Ext.R2(a) order dated 13.8.1962. 8. Ext.P3 document will show that the legal heirs have joined together to relinquish their right over the school. The petitioner had submitted all the relevant records including Ext.P1 before the third respondent, through Shri Abdul Rahman. What is directed in Ext.P2 is only to verify whether all the legal heirs have joined in execution of the sale deed. This aspect could have been verified with reference to the file kept in the office of the Asst. Educational Officer, which led to the issuance of Ext.R2(a) order. It is not as if the legal heir certificate as directed, has to be produced, and many of the legal heirs are no longer alive also. 9. Even though it is contended in the counter affidavit filed by the Deputy Director of Education that prior permission was not obtained for transfer of management including change of ownership, the said contention cannot also be accepted in the light of Ext.P2 order granting permission by the Director of Public Instruction and in the light of the judgment of this Court in Koyyode Madressa U.P. School v. Director of Public Instruction (2011 (1) KLT 150). 10. For all these reasons, the petitioner is entitled to succeed in the writ petition. What is required to be done is to process the application for wpc 24428/2010 5 transfer of management including transfer of ownership. Appropriate orders will be passed without insisting for production of a legal heir certificate in respect of the legal heirs of Kunhumarakkar Molla from the Tahsildar, based on the document of title produced by the petitioner as well as other documents cited by the parties. A decision will be taken within a period of six weeks 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/