IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WA.No. 146 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7947/2007 Dated 08/08/2007 .................... APPELLANT: PETITIONER --------------------- SEENA UMMAL, W/O.LATE ALI KUNJU, 'SHANU', CHITTATTUMUKKU P.O., KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. 4. NIZAM P., NIZAM MANZIL, PUTHANKADAVU, KANIYAPURAM. 5. THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- W.A.No. 146 of 2008 --------------------------------------- Dated this the 17th day of January, 2008 Judgment Koshy,J. Main contention raised by the appellant/petitioner is that fourth respondent cannot act as the Manager. Dispute regarding the management is already pending in O.S. No.19 of 2006 and it is settled law that ownership dispute has to be settled finally by the civil court. Meanwhile, the school cannot function without a manager. After considering the case, departmental authorities appointed fourth respondent as the manager. It was also held by this Court that the civil case should be disposed of as expeditiously as possible untrammeled by the observations in the departmental proceedings and in the High Court judgment. In the above circumstances, we perfectly agree with the learned single Judge and we see no merit in the appeal. Appeal dismissed. J.B.Koshy Judge K. Hema Judge vaa J.B. KOSHY AND K.HEMA,JJ. ------------------------------------- W.A. No. 146 of 2008 ------------------------------------- Judgment Dated:17th January, 2008