IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH OCTOBER 2007 / 12TH ASWINA 1929 OP.No. 18084 of 1997(C) ------------------------------ PETITIONERS: ---------------- 1. P.M.ARYA ANTHARAJANAM, W/O.LATE SRI.P.M.C.NARAYANAN NAMBOODIRIPAD, AGED 64 YEARS, RESIDING AT POOMULLI MANA VIYYOOR THRISSUR. 2. P.M.PARAMESWARAN, S/O. LATE P.M.C.NARAYANAN NAMBOODIRIPAD, AGED 42, RESIDING AT POOMULLI MANA, VIYYOOR THRISSUR. 3. P.M.BRAHMADATHAN, POOMULLI MANA, AGED 39 DO. DO. 4. P.M.NARAYANAN, POOMULLI MANA AGED 36, DO. DO. BY ADV. SRI.N.SANKARA MENON SRI.MADHU N.NAMBOOTHIRIPAD RESPONDENTS: ------------------ 1. STATE OF KERALA REP.BY ITS SECRETARY, (EDUCATION) SECRETARIAT, THIRUVANANTHAPRUAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE,OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPRUAM 3. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. 5. ASST. EDUCATIONAL OFFICER, THRITHALA , PALAKKAD DISTRICT. tss OP. NO.18084/1997 6. P.M.NEELAKANTAN NAMBOODIRIPAD, POOMULLI MANA, PERINGODE, PALAKKAD DISTRICT. 7. P.M.VASUDEVAN, S/O. LATE SEI.P.M.RAMAN NAMBOODIRIPAD, POOMULLI MANA, PERINGODE, PALAKKAD DISTRICT. 8. P.M.NARAYANAN, S/O. SRI.P.M.NEELAKANTAN NAMBOODIRIPAD POOMULLI MANA, PERINGODE, PALAKKAD DISTRICT. BY ADV. SRI.H.SIVARAMAN BY GOV. PLEADER SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT THE WRIT PETITION IS DISMISSED FOR DEFAULT. 04.10.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE ORDER ON CMP. NOS.34958/1997, 32313/1997 IN OP. 18084/1997 DISMISSED 04.10.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.18084 of 1997 ----------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT Ext.P19 Government order dated 30-9-2000 whereby the petitioners' contention that Peringode High School and Peringode Aided Lower Primary School belonged exclusively to late Sri.P.M.C.Narayanan Namboodiripad, their predecessor-in-interest was overruled is under challenge in this writ petition. The brief facts of the case are as follows. 2. The first petitioner is the wife and the other petitioners are the children of late P.M.C.Narayanan Namboodiripad, a member of the Poomulli Mana. They contend that in an oral partition effected in the year 1970 the properties of Peringode High School and Peringode Aided Lower Primary School were set apart to his share. Reliance is placed on Ext.P1 schedule in support of the said contention. The first petitioner's husband was approved as Manager of Peringode High School with effect from 11.6.1973 by Ext.P2 order dated 6.10.1973 issued by the District Educational Officer, Ottapalam. In that order the District Educational Officer had stated that the management of the school belongs to Sri.P.M.C.Narayanan Namboodiripad, the predecessor-in-interest of the petitioners, Sri.P.M.Neelakantan O.P.No.18084 of 1997 -:2:- Namboodiripad the 6th respondent herein and Sri.P.M.Raman Namboodiripad, father of the 7th respondent herein. By Ext.P2 the District Educational Officer also directed the predecessor-in-interest of the petitioners, who was approved as the Manager, to prepare a constitution for the corporate educational agency consisting of himself, Sri.P.M.Neelakantan Namboodiripad and Sri.P.M.Raman Namboodiripad as required under Rule 2 of Chapter III of KER and to forward it in triplicate for approval to the Regional Deputy Director of Public Instruction, Calicut. 3. The first petitioner's husband did not object to Ext.P2 or the directions therein. He passed away on 9.11.1996. Thereupon the 6th respondent herein, who was the next seniormost member of the corporate educational agency, moved the District Educational Officer to approve him as the Manager. By Ext.P10 order passed on 6.12.1996 the District Educational Officer, Ottapalam approved the 6th respondent as the Manager of the Peringode High School with effect from 30.11.1996. In that order also the District Educational Officer noticed that the Peringode High School belongs to late P.M.C.Narayanan Namboodiripad, late P.M.Raman Namboodiripad and P.M.Neelakantan Namboodiripad. The 6th respondent, who was approved as the Manager, was directed to prepare and submit a constitution for O.P.No.18084 of 1997 -:3:- approval of the District Educational Officer. The first petitioner thereupon filed Ext.P11 appeal before the Director of Public Instruction. In that appeal she contended that the right of management over the school belonged to her husband late P.M.C.Narayanan Namboodiripad exclusively. By Ext.P12 order passed on 17-6-1997 the Director of Public Instruction rejected the appeal. The petitioner thereupon filed a revision petition before the Government. In the meanwhile the 6th respondent had submitted a constitution for the corporate educational agency to the District Educational Officer, who forwarded it to the Deputy Director of Education, Palakkad. By Ext.P15A order passed on 14.7.1997 the Deputy Director of Education approved that constitution in exercise of the power conferred on him under rule 2 of Chapter III, KER. 4. The revision petition filed by the petitioner from Ext.P12 was heard and disposed of by the Government by Ext.P19 order dated 30- 9-2000. The Government concurred with the District Educational Officer and the Director of Public Instruction and held that the school belongs to the three persons, who constituted a corporate educational agency. However, the Government held that Ext.P15A order passed by the Deputy Director of Education on 14-7-1997 approving the constitution was not in order as it had not been approved by all the O.P.No.18084 of 1997 -:4:- legal heirs of the members of the corporate educational agency. It appears in the meanwhile the 6th respondent expired on 8.11.1997 and thereupon, the 7th respondent, son of late P.M.Raman Namboodiripad was appointed as Manager of the school. This appointment was in accordance with the constitution as approved by the Deputy Director of Education by Ext.P15-A. Since the approval of the constitution was held to be improper, the Government cancelled the appointment of the 7th respondent as Manager and directed him to convene a meeting of all the legal heirs of the three members who constituted the corporate educational agency after giving notice to them and to submit a constitution for approval. The Government further directed that the constitution so prepared will be scrutinised and approved by the Deputy Director of Education and that after the constitution is approved a new manager will be appointed and he will take over the affairs of the school after getting his appointment approved. The Government fixed an outer time limit of three months for carrying out the aforesaid directions. In this writ petition the petitioners challenge Ext.P19 mainly on the ground that the school belonged to her husband exclusively and that late P.M.Neelakantan Namboodiripad or late P.M.Raman Namboodiripad had no right over the school. In other words, the petitioners claim exclusive right as the O.P.No.18084 of 1997 -:5:- educational agency of the school. The petitioners rely on Ext.P1 schedule of properties in support of the said contention. 5. Respondents 7 and 8 have filed a counter affidavit and produced along with it Ext.R7(a) schedule of properties which they claim is signed by all the sharers including late P.M.C.Narayanan Namboodiripad. The petitioners and the party respondents claim title over the school on the strength of an oral partition which took place in the year 1970. After the oral partition, a schedule of properties that were set apart to each of the sharers was prepared and signed by the remaining sharers. Though according to the petitioners the school exclusively belongs to them by virtue of the fact that it is included in Ext.P1 schedule, respondents 6 and 7 contend that the school and its properties, which are described in Ext.P1, are included in Ext.R7(a) which is the schedule of properties set apart to the share of the 6th respondent and that the predecessor-in-interest of the petitioner had signed the said document in token of having accepted the oral partition. I have gone through Exts.P1 and R7(a) and the pleadings on record. It is evident from the pleadings and the recitals in the schedule that the school and its properties had been set apart to the share of three persons, namely P.M.C.Narayanan Namboodiripad, P.M.Raman Namboodiripad and P.M.Neelakantan Namboodiripad. O.P.No.18084 of 1997 -:6:- Though the school and its properties were set part to their share under an oral partition that took place in the year 1970, for the purpose of convenient enjoyment and identification of properties, a schedule of properties allotted to each sharer was prepared and approved. The school and its properties are included in the schedule of properties that were set apart to each of the aforesaid three persons. The petitioners have not denied the averment of respondents 6 and 7 in that regard. In such circumstances the conclusion is irresistible that the claim made by the petitioners that the school and its properties belonged exclusively to late P.M.C.Narayanan Namboodiripad, cannot be accepted. This is evident from Ext.P2 order dated 6-10-1973 whereby Sri.P.M.C.Narayanan Namboodiripad was approved as the Manager of Peringode High School. In that order it is categorically stated that the school belongs to three persons, namely, P.M.C.Narayanan Namboodiripad, P.M.Raman Namboodiripad and P.M.Neelakantan Namboodiripad and that they together form a corporate educational agency. By Ext.P2 the predecessor-in-interest of the petitioners was directed to frame a constitution and submit it for approval as required under rule 2 of Chapter III KER. It was only after P.M.C.Narayanan Namboodiripad passed away that the petitioners raised a claim that the school belongs to them exclusively. It is brought to my notice that O.P.No.18084 of 1997 -:7:- this Court had in C.R.P.No.1293 of 2004 filed by the petitioners herein adverted to the claim made by the petitioners that the school and its properties belonged exclusively to them and held that the orders passed by the Taluk Land Board, Alathur and the Taluk Land Board, Palakkad will not confer any exclusive right, title or interest only on any one of the parties claiming under late P.M.C.Narayanan Namboodiripad and late P.M.Raman Namboodiripad. A copy of the order in C.R.P.No.1293 of 2004 was also made available to me and I have gone through the same. It is evident from the observations made therein that the orders of the Taluk Land Board in the different Land Board proceedings relating to the two persons named above wherein each one of them had claimed that the school belongs to them, will not confer any right, title or interest on any one of them. 6. It is evident from the conduct of the petitioners that it was only after their predecessor-in-interest passed away that they have come forward with the plea that the school belonged to their predecessor-in-interest exclusively, that too after Sri.P.M.Neelakantan Namboodiripad was approved as the Manager of the school. In the light of the recitals in Ext.P2, Ext.P6 order passed by the District Educational Officer approving Sri.P.M.Neelakantan Namboodiripad as Manager of the school cannot be called in question. The District O.P.No.18084 of 1997 -:8:- Educational Officer, the Director of Public Instruction and the Government have, in my opinion, correctly understood the rights of the parties and held that the three persons, namely late P.M.C.Narayanan Namboodiripad, late P.M.Raman Namboodiripad and late P.M.Neelakantan Namboodiripad constituted a corporate educational agency and that the claim of the petitioners that the school belonged to their predecessor in interest exclusively is not tenable. I accordingly hold that there is no merit in the writ petition. The writ petition fails and it is accordingly dismissed. No costs. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.18084 of 1997 ---------------------------- JUDGMENT 1st June, 2010