IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 22004 of 2009(U) --------------------------------------- PETITIONER: ------------------- T.V.VALSALA KUMARI, AGED 56 YEARS, W/O.RAGHAVAN (RETIRED TEACHER), HILL VIEW, VADUVANKULAM, KUTTIAYATTOOR (POST) – 670 602, MAYYIL, KANNUR. BY ADV. MR.P.V.MOHANAN. RESPONDENTS: ------------------------ 1. THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DISTRICT. 2. DISTRICT EDUCATIONAL OFFICER, THALASSERY. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 4. T.V.ARAVINDAKSHAN, HEAD MASTER, PARIYARAM U.P.SCHOOL, POST KOLARI – 670 702, MATTUNNUR, KANNUR DISTRICT. *ADDL.RESPONDENTS 5 TO 9 IMPLEADED: 5. T.V. RAMACHANDRAN, S/O. GOVINDAN, LEKSHMI VILLA, AYYAPPA NAGAR, P.O. KUDULU, KASARGOD. W.P.(C). NO.22004/2009-U: 6. T.V. VIVEKANANDAN, S/O. P.V. MADHAVI, KOTTAKUNNUMMEL VEEDU, PUZHATHI.P.O., CHIRAKKAL. 7. K. KARUNAKARAN, S/O. DEVAKI, RAJIKA NIVAS, P.O. CHOVVA, KANNUR. 8. V.P. AMBUJAKSHI, D/O. PARVATHY, LEENALAYAM, KARARAMBU, P.O. KUTTIATTOOR. 9. C.H. PRABHAKARAN, AGED 66 YEARS, S/O. LATE RAMAN, CHITTARIKKAL HOUSE, (SUN VIEW) EDACHERRY, P.O. PALLIKUNNU, KANNUR. *ADDL. RESPONDENTS 5 TO 9 ARE IMPLEADED AS PER ORDER DATED 05/11/2009 INI.A. NO. 13908/09. R1 TO R3 BY SR. GOVT. PLEADER SMT. T.B. REMANI, R4 BY ADV. MR.CIBI THOMAS, R5 TO R9 BY ADV. MR. C.P. PEETHAMBARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22004/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LEGAL HEIR CERTIFICATE DTD. 06/01/2009. EXT.P.2: COPY OF THE APPLICATION DTD. 18/05/2009. EXT.P.3: COPY OF THE ORDER NO. A.922/2009 DTD. 04/06/2009. EXT.P.4: COPY OF THE APPEAL PETITION DTD. 13/07/2009. EXT.P.5: COPY OF THE PROCEEDINGS NO. 4269/2009 DTD. 09/07/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22004/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of November, 2009 J U D G M E N T The petitioner is the daughter of one Smt.P.Janaki who expired on 25/06/2008. She was the Manager of a school, namely, Aided Upper Primary School, Pariyaram. The legal heirs of Smt.P.Janaki are T.V.Valsala Kumari (daughter- petitioner herein), T.V.Aravindakshan (son) and T.V.Vasanthy (another daughter). Even though an application was submitted for approval of Managership, that was rejected by the Assistant Educational Officer stating that there are several claimants. The petitioner approached the District Educational Officer by filing Ext.P4 and since the D.E.O did not pass any order, filed this writ petition. At the time of admission, this Court directed the District Educational Officer to consider Ext.P4 and pass appropriate orders. 2. The learned counsel for the petitioner submitted that the District Educational Officer has passed an order dated 05/09/2009, directing the Assistant Educational Officer to take a fresh decision. 3. The fourth respondent has filed a counter affidavit. He is the Headmaster of the school and is a legal heir being the son of Smt.P.Janaki. An impleading W.P.(C). No.22004/2009 -:2:- petition has been filed by one Shri T.V.Ramachandran and others. 4. In the light of the order passed by the District Educational Officer as per No.B5/6305/09, dated 05/09/2009, it is for the Assistant Educational Officer to pass appropriate orders after hearing all the parties. Orders shall be passed by the Assistant Educational Officer after hearing all the parties within a period of six weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms