IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 28495 of 2010(J) -------------------------- PETITIONER(S): --------------- SMT.C.S.SAVITHAMBIKA, W/O. K.R.KURUP, POOVANDATT HOUSE, DIWANS ROAD, COCHIN-16. BY ADV. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR SRI.K.J.ABRAHAM SRI.LAVARAJ M.G. SRI.C.R.VINOD KUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 2. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.28495 OF 2010 ------------------------------ Dated this the 30th day of September, 2010 JUDGMENT The case of the petitioner is the following: Vellimon Vocational Higher Secondary and Higher Secondary School, Vellimon were established by Sankaranarayana Pillai, the father of the petitioner. He was the Manager of the school. When it became impossible for him to properly manage the school due to his ill health, Ext.P1 trust deed dated 10.2.2005 was executed and registered. The trust is called Cherukulath Sankaranarayana Pillai Educational Trust. As per the terms of the trust deed, C.B.Sanal Kumar shall be the Manager for five years. After his term of five years, C.S.Savithambika, the petitioner, shall be the Manager and after her term of five years, C.S.Padmaja Devi shall be the manager. C.B.Sanalkumar died during his term as provided in Ext.P1 trust. Disputes arose as to whether his widow Radha Devi could be the Manager, being a W.P.(C).No.28495 OF 2010 2 member in the place of Sanal Kumar. That dispute was finally settled as per Ext.P3 judgment in Writ Appeal Nos.983, 1065 and 1108 of 2008. Thereafter, Radha Devi continued as Manager as per the terms of Ext.P1 trust deed and completed her term. Thereafter, according to the petitioner, she has to become the Manager of the schools. All the persons who are entitled to act as Managers for the respective terms as provided in the trust deed, met and resolved to appoint the petitioner as Manager, as evidenced by Ext.P4 Minutes. Ext.P4 was forwarded to the District Educational Officer. Ext.P5 application for change of management for the period from 1.6.2010 to 31.5.2015 was submitted in the prescribed form to the District Educational Officer. The District Educational Officer rejected Ext.P5 application, as per Ext.P6 order dated 29.6.2010 on the ground that C.B.Gopakumar, son of late Sri.Sankara Narayana Pillai had filed O.S.620/2009 before the Sub Court, Kollam and in that case an interim order of injunction W.P.(C).No.28495 OF 2010 3 restraining the defendants from committing waste or encumbering the property was passed and that order subsists. 2. According to the petitioner, Ext.P6 order is erroneous,illegal and without jurisdiction. An injunction restraining commission of waste or alienation of the property would not affect the right of the petitioner to become Manager of the schools as provided in Ext.P1 trust deed. It is also pointed out that the outgoing Manager Smt.Radha Devi and all other persons concerned as per Ext.P1 trust had agreed that the petitioner has to become the Manager for the period from 1.6.2010 to 31.5.2015. It is also submitted that Section 33 of the Kerala Education Act bars an interim order being granted against the officers acting in accordance with the provisions of the Act and therefore, normally no civil court will grant such an injunction. It is also submitted that the injunction granted by the civil court does not W.P.(C).No.28495 OF 2010 4 interdict the District Educational Officer in dealing with Ext.P5 application or approving the appointment of the petitioner as the Manager. 3. Pointing out all these facts, the petitioner has filed Ext.P7 appeal dated 12.7.2010 before the Director of Public Instruction. Ext.P7 is pending disposal. The learned counsel submits that since the appointment of the petitioner is not approved as Manager, it causes great difficulties in the day-to-day administration of the schools. 4. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) To call for the records leading up to Exhibit P7 and quash Exhibit P6 order passed by the 2nd respondent by the issuance of a writ of Certiorari or other appropriate writ direction or order; ii) to issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to consider and pass appropriate orders on Exhibit P7 appeal filed by the petitioner and also issue necessary orders approving the petitioner as W.P.(C).No.28495 OF 2010 5 the Manager of the Vellimon Vocational Higher Secondary School for the period from 1.6.2010 to 31.5.2015; iii) To grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case; And iv) Allow the writ petition with costs.” 5. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied if relief (ii) is granted. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to consider and dispose of Ext.P7 appeal dated 12th July, 2010, after affording an opportunity of being heard to the petitioner and all other affected parties, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. W.P.(C).No.28495 OF 2010 6 The petitioner shall produce a certified copy of the judgment and copy of the Writ Petition before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms