IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WA.No. 224 of 2010 -------------------- AGAINST THE ORDER IN WPC.22220/2009 Dated 22/01/2010 .................... APPELLANT: 5TH RESPONDENT IN WPC. ------------------------------------ SMT.M.RAJI, W/O.LATE MADHAVANKUTTY, (S/O.LATE PADMANABHAN NAIR),WEST MARATH HOUSE, VADAVANNUR, PALAKKAD-678 504. BY ADV. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR SRI.K.J.ABRAHAM SRI.LAVARAJ M.G. SRI.JOSE KURIAN SRI.C.R.VINOD KUMAR RESPONDENT(S): PETITIONERS & RESPONDENTS 1 TO 4, 6 & 7 IN WPC. ---------------------------------- 1. SMT.P.AMMUKUTTY AMMA, W/O.LATE PADMANABHAN NAIR, AGED 85 YEARS,THARAKKALAM, VADAVANNUR, PALAKKAD-678 504. 2. SRI.P.RAMACHANDRAN MENON, S/O.LATE PADMANABHAN NAIR,,THARAKKALAM, VADAVANNUR, PALAKKAD-678 504. 3. SMT.P.SANTHANALAKSHMI, D/O. LATE PADMANABHAN NAIR,,THARAKKALAM, VADAVANNUR, PALAKKAD-678 504. 4. SMT.P.THANKAMANI, D/O. LATE PADMANABHAN NAIR,,THARAKKALAM, VADAVANNUR, PALAKKAD-678 504. 5. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. WA No.224/2010 7. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 8. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD. 9. SMT.P.MEENAKSHY KUTTY, D/O.LATE PADMANABHAN NAIR, TEACHER, AM.M.U.P,SCHOOL, VADAVANNUR PALAKKAD-678 504. 10. SMT.SUMATHY, W/O.LATE SIVAPRASAD (S/O.LATE PADMANABHAN NAIR), THARAKKALAM, VADAVANNUR PALAKKAD-678 504. BY ADV.SRI.V.A.MUHAMMED FOR R1 TO R4 SENIOR GOVT. PLEADER SRI.BENNY GERVASIS FOR R5 TO R8 SRI.K.T.SHYAM KUMAR FOR R9 SRI.U.BALAGANGADHARAN FOR R10 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.224/2010 ------------------------------ Dated this, the 9th day of February, 2010 JUDGMENT Balakrishnan Nair, J. One Mr.Padmanabhan Nair was the Educational Agency of A.M.M.U.P.School, Vadavannur. He died. Thereupon, his legal heirs became a Corporate Educational Agency. But, as per the Kerala Education Rules, so far, they have not framed the bye- laws governing that Educational Agency nor obtained approval for the same from the Director of Public Instruction. This situation prevailed because of the difference of opinion among the legal heirs. The Writ Petition was filed by respondents 1 to 4 herein, who are the widow and three children of late Padmanabhan Nair, praying, inter alia, for a direction to the Director of Public Instruction to approve Ext.P11 bye-laws framed by the Educational Agency. The learned Single Judge, while hearing the matter, proposed some interim arrangement for the management of the school. To give effect to that WA No.224/2010 - 2 - proposal the present interim order has been passed. The Assistant Educational Officer concerned was directed to convene a meeting of all the members of the Educational Agency, elect a new Manager by majority decision and report the results thereof to this Court. The respondents 1 to 4 herein were also directed to hand over a copy of the bye-laws stated to be framed by the Educational Agency to the Assistant Educational Officer. The said officer was directed to ascertain whether the members of the Educational Agency were willing to approve the said bye- laws. The learned Judge did not pass any order affecting the rights of the appellant. But, still, an appeal is preferred against the said order. 2. Going by the principles laid down by the Full Bench of this Court in K.S.Das v. State of Kerala [1992(2) KLT 358 (FB)], this appeal is not maintainable. If the learned Judge passes any order affecting the rights of the appellant, then, she can, if so advised, challenge that order, wherein she can urge all the contentions which she has raised in this appeal. WA No.224/2010 - 3 - Subject to that right, the Writ Appeal is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.