IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 13687 of 2008(D) ----------------- PETITIONERS: ------------ 1. SARASWATHY AMMA, WIDOW OF PARAMESWARAN PILLAI. 2. M.P.VENUGOPAL, S/O.LATE PARAMESWARAN PILLAI. 3. M.P.PRASANNALAL, S/O.LATE PARAMESWARAN PILLAI. 4. M.P.SREEKUMAR, S/O.LATE PARAMESWARAN PILLAI. ALL ARE RESIDING AT MANIKANDESWARAM, NEDUMPANACKAL CHERI, NEDUMPANA VILLAGE, KOLLAM. BY ADV. SRI.V.CHITAMBARESH (SR.) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPARLTMENT, SECRETARIART,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM. 4. SANTHAKUMAR, D/O.LATE PARUKUTTY AMMA. 5. KRISHNANKUTTY, S/O.LATE PARAMESWARAN PILLAI. RESPONDENTS 4 AND 5 ARE RESIDING AT KOYEPPURATHU VEEDU, NEDUMPANACKAL CHERI, NEDUMPANA VILLAGE, KOLLAM DISTRICT. BY G.P. SHRI A.J.VARGHESE BY ADV. SRI.S.M.ALTHAF FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.13687 of 2008 D -------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T The first petitioner claims to be the Manager of Nedumpana Upper Primary School, Kollam. There was a suit between respondents 4 and 5 on the one hand and the petitioners on the other, before the Additional Sub Court, Kollam as O.S.No.550/1994. The petitioners were respectively defendants 2 and 9 to 11 in the suit. The petitioners filed a written statement contending that the civil court has no jurisdiction to entertain the suit and that the suit was hit by Section 33 of the Kerala Education Act. The suit was decreed ex-parte as per Ext.P1 judgment dated 22.10.2007. The main relief prayed for in the suit was for setting aside two settlement deeds. As per Ext.P1 judgment the trial court set aside the two settlement deeds and a declaration was granted in favour of the fourth respondent (the second plaintiff in the suit) that she is the Manager of the Nedumpana U.P. School. 2. The petitioner filed I.A.No.4814/2007 before the trial court for staying the operation of the judgment and decree. The trial court passed Ext.P2 order dated 27.2.2008 by which the court held that the correct position is to be ascertained from the concerned Educational Authority. Therefore, the 14th respondent in the application for stay, viz., the Assistant WP(C) No.13687/2008 2 Educational Officer, Kundara, Kollam was directed to report immediately whether the decree was implemented or not. It would appear that the 4th respondent made a representation before the Deputy Director of Education, Kollam and Assistant Educational Officer, Kundara, for granting reliefs on the basis of Ext.P1 judgment and decree dated 22.10.2007 passed in O.S.No.550/1994. Though Ext.P2 order dated 27.2.2008 passed by the Additional Sub Court, Kollam in I.A.No.4814/2007 in O.S.No.550/1994 was challenged by respondents 4 and 5 by filing W.P.(C) No.8822/2008, the same was dismissed as per Ext.P3 judgment dated 17.3.2008. 3. The petitioners filed A.S.No.69/2008 before the District Court, Kollam challenging Ext.P1 judgment. In the appeal, they moved I.A.No.367/2008 for stay of operation of the judgment and decree passed by the trial court in O.S.No.550/1994. As per Ext.P4 order in I.A.No.367/2008, dated 17.3.2008, the appellate court granted stay. It is stated that Ext.P4 stay order dated 17.3.2008 is in force. This is not controverted by the contesting respondents. 4. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.13687/2008 3 “(i) issue a writ in the nature of mandamus directing respondents 1 to 3 to respect and honour Exts.P2 and P4 orders of stay as regards the change of managership of Nedumpana U.P.School, Kollam; (ii) issue a writ in the nature of mandamus directing the fourth respondent to forbear from resorting to any steps for assumption of charge as Manager in violation of Exts.P2 and P4 orders; (iii) issue a writ in the nature of mandamus directing the Court of the District Judge of Kollam to dispose of A.S.No.69/2008 pending on its file as expeditiously as possible within a time frame; and (iv) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case.” 5. It is not in dispute that the decree passed by the trial court was stayed by the appellate court. Therefore, respondents 4 and 5 would not be entitled to claim any benefit on the basis of the decree granted by the trial court. The Educational Authorities are bound to respect and obey the orders passed by the civil court in so far as it relates to the matters pending before the WP(C) No.13687/2008 4 civil court and which has relevance to the matters pending before the Educational Authorities. In the case on hand, Ext.P1 judgment is stayed by Ext.P4 order dated 17.3.2008 and, therefore, the Educational Authorities are not entitled to rely on Ext.P1 judgment and the decree thereunder. Respondents 1 to 3 are directed to act in accordance with Ext.P4 stay order passed by the appellate court in A.S.No.69/2008. With these observations, findings and directions, the Writ Petition is disposed of. K.T. SANKARAN, JUDGE. cks K.T. SANKARAN, JUDGE. WP(C) No.13687/2008 5 cks