IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 11466 of 2009(C) ------------------------------- PETITIONER(S): ------------------ THE PROVINCIAL SUPERIOR, VIMALA PROVINCE, CONGREGATION OF THE MOTHER OF CARMEL, CARMALITE PROVINCIAL HOUSE, ERNAKULAM - 682 035. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS PAMPACKAL RESPONDENT(S): ----------------- 1. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 2. THE VICAR, ST. MARY'S CHURCH, NARAKKAL. 3. REV. SR. JESSY, NOW RESIDING AT LITTLE FLOWER CONVENT, NARAKKAL. ADV. SRI.S.SREEKUMAR SRI.V.A.MUHAMMED SMT. R. BINDU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11466 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ORDER DATED 5/10/1971 OF DY. DIRECTOR OF PUBLIC INSTRUCTION, ERNAKULAM. EXHIBIT P2: COPY OF ORDER DATED 31/03/2007 OF MOTHER PROVINCIAL. EXHIBIT P3: COPY OF PROCEEDINGS DATED 29/3/2007 FROM THE PETITIONER WITH SUPERIOR'S LIST-2007. EXHIBIT P4: COPY OF ORDER DATED 12/02/2009 FROM THE PETITIONER. EXHIBIT P5: COPY OF ORDER DATED 12/2/2009 FROM THE PETITIONER. EXHIBIT P6: COPY OF LETTER DATED 14/2/2009 TO THE PROVINCIAL SUPERIOR . EXHIBIT P7: COPY OF PROCEEDINGS DATED 16/2/2009 FROM THE PETITIONER. EXHIBIT P8: COPY OF LETTER DATED 18/03/2009 FROM THE PETITIONER. EXHIBIT P9: COPY OF ORDER DATED 27/3/2009 IN WPC NO. 5102 OF 2009 OF THIS HON. COURT. EXHIBIT P10: COPY OF REQUEST DATED 4/4/2009 FROM THE PETITIONER TO THE D.E. O. ERNAKULAM. RESPONDENTS' EXHIBITS: EXHIBIT R3(a) : TRUE COPY OF THANDAPER REGISTER. EXHIBIT R3(b) : TRUE COPY OF ORDER NO.K DIS. G4-23491/71 DATED 5/10/1971. EXHIBIT R3(d) : TRUE COPY OF JUDGMENT IN W.A. NO.807/2009 DATED 2/04/2009 PASSED BY THIS HON'BLE COURT. EXHIBIT R3(e): TRUE COPY OF JUDGMENT IN W.P.(C) NO.29553/2008 DATED 3/11/2008. /TRUE COPY/ P.A. TO JUDGE VI ANTONY DOMINIC, J. ================ W.P.(C) NO.11466 OF 2009 () ===================== Dated this the 21st day of April, 2009 J U D G M E N T The only prayer that is pressed before me in this writ petition is a direction to the first respondent to consider Exts.P8 and P10. 2. Petitioner claims to be the Provincial Superior of the Vimala Province of the Congregation of mother Carmel, the educational agency of LFHS Narakkal. By Ext.P8 what is sought for is approval of the change of managership of the aforesaid school in the place of the 3rd respondent. Ext.P10 appears to be a request made by the appointee, seeking orders on Ext.P8. 3. The 3rd respondent, the present Manager, disputes the very competence of the petitioner to file the aforesaid application and is also disputing the very maintainability of the writ petition. She also refers to Ext.R3(c) order produced along with the counter affidavit. 4. In the nature of the relief that is sought for, I do not think it necessary for this Court to probe into the factual controversies raised by both sides. WPC.No.11466 /09 :2 : Taking into account the pendency of Exts.P8 and P10, I dispose of this writ petition directing the first respondent to consider those applications with notice to the petitioner and respondents 2 and 3 and pass orders thereon. It is made clear that it will be entirely up to the first respondent to deal with the factual controversies raised by the parties and this judgment shall not be taken as passed considering the merits of the claims raised. It is directed that orders shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC, JUDGE vi