IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 7382 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ MUKKAM EDUCATION SOCIETY, REGD.NO. 6/53, MUKKAM PO, KOZHIKODE DISTRICT PIN 673 602, REP. BY ITS SECRETARY V.UMMER KOYA. BY ADVS.MR.BABU JOSEPH KURUVATHAZH, MR.K.I.SAGEER. RESPONDENT(S): ---------------------------- THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. *ADDL.R2 & R3 ARE IMPLEADED: R2. POOLOT BALAN NAIR, S/O.KOLANGARATHODI RAMAN NAIR, AGED 55 YEARS, MAMBATTA THASHEKODE AMSOM DESOM, KOZHIKODE TALUK, P.O. MUKKAM. R3. N.ALI HASSAN, S/O.LATE V.M.UNNIMOYI, AGED 40 YEARS, P.O.KUMARANALLUR, VIA. MUKKOM. (*ADDL.R2 & R3 ARE IMPLEADED AS PER ORDER DTD. 13/03/2009 IN I.A.NO.3780/2009) R1 BY SR. GOVERNMENT PLEADER SMT. T.B.REMANI R2 & R3 BY ADV. MR.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7382/2009 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 21/11/89 IN O.P.NO.7619/89 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE JUDGMENT DTD. 1/03/90 IN W.A.NO.81/1990 OF THIS HON'BLE COURT. EXT.P3: COPY OF THE ORDER DTD. 20/03/91 IN SPECIAL LEAVE TO APPEAL (CIVIL) NO.5575/90 OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P4: COPY OF THE JUDGMENT DTD. 21/05/2008 IN WPC.NO.11089/2008 OF THIS HON'BLE COURT. EXT.P5: COPY OF THE COMMON JUDGMENT DTD. 31/01/2009 IN O.S.NO. 373/95 AND O.S.NO.272/97 OF THE LEARNED SUBORDINATE JUDGE'S COURT, KOZHIKODE. EXT.P6: COPY OF THE DECISION OF THE GENERAL BODY MEETING OF THE PETITIONER SOCIETY DTD. 17/02/2009. EXT.P7: COPY OF THE REPRESENTATION DTD. 20/02/2009 SUBMITTED BY THE SECRETARY OF THE PETITIONER SOCIETY BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.7382 of 2009 -------------------------------------- Dated 24th March, 2009 JUDGMENT Heard both sides. 2. The petitioner has filed this writ petition, seeking a writ in the nature of mandamus commanding the first respondent to hand over the management of Mukkam High School to the petitioner, in view of Ext.P5 judgment delivered by the Court of the Additional Subordinate Judge of Kozhikode. 3. The learned counsel appearing for the party respondents submit that they have filed A.S.Nos.86 and 87 of 2009 in the Court of the District Judge of Kozhikode challenging Ext.P5 judgment. The learned counsel for respondents 2 and 3 further submits that the appeals have been admitted and notice ordered to the respondents in the appeals and that the appeals stand posted for return of notice to 2.4.2009. Sri. Babu Joseph Kuruvathazha, the learned counsel appearing for the petitioner submits that in any view of the case, the petitioner, whose rights are recognized in Ext.P5 judgment, may be permitted to effect repairs to the school buildings. The learned counsel for the petitioner submits that the monsoon is fast approaching and unless periodical repairs are carried out, the health and WP(C).No.7382/2009 2 safety of the students will be in jeopardy. The learned counsel for the party respondents on the other hand submits that the Educational Officers are presently in management and that the officers of the Education department, will take steps to carry out periodical repairs to the school buildings, if such repairs are necessary. 4. It is now conceded that Ext.P5 judgment has not become final. The appellate court is in seizin of the matter. I am therefore of the considered opinion that the management of the school cannot be handed over to the petitioner as prayed for in the writ petition. He will have to await the outcome of appeals pending in the appellate court which is in seizin of the matter, before seeking that relief. It will be open to the petitioner to move the District Court, Kozhikode where A.S.Nos.86 & 87 of 2009 are pending and seek orders regarding maintenance of the school buildings. It will also be open to the parties to the appeals to move the lower appellate court for the appointment of a Receiver to take possession of and manage the school pending resolution of the dispute by the civil court. The writ petition is disposed of accordingly. P.N.RAVINDRAN Judge TKS