IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WA.No. 1243 of 2011 --------------------------- AGAINST THE JUDGEMENTIN WPC.10355/2011 Dated 06/06/2011 .................... APPELLANT/5th RESPONDENT: SMT.SREELATHA.G., LIBRARIAN AND ADMINISTRATOR, MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL, KEEZHANTTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.JOHN K.GEORGE RESPONDENTS/PETITIONER AND R1 TO R4: 1. THE PRINCIPAL (SAJAN SUDEVAN), THE MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL, KEEZHANTTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM-695 101. 2. THE UNION BANK OF INDIA, REP. BY ITS REGIONAL MANAGER, UNION BANK OF INDIA, STATUE JUNCTION, THIRUVANANTHAPURAM-695101. 3. THE REGIONAL MANAGER, UNION BANK OF INDIA, STATUE JUNCTION, THIRUVANANTHAPURAM-695 101. 4. THE BRANCH MANAGER, UNION BANK OF INDIA, ATTINGAL-695 101. 5. SRI.SHAJAHAN, CLAIMING AS PRESIDENT, THE MOTHER INDIA INTERNATIONAL RESIDENTTIAL PUBLIC SCHOOL, KEEZHANTTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM-695 101. R1 BY ADV SRI.R.MANOJ R2-4 BY ADV. SRI.A.S.P.KURUP R5 BY ADV. SRI.P.K.MUHAMMED THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WA 1243/2011 ANNEXURE I TRUE COPY OF THE RESOLUTION OF THE GENERAL BODY MEETING HELD ON 1.8.2010 ANNEXURE II TRUE COPY OF JUDGMENT DT. 27.10.10 IN WPC 28442/10 ANNEXURE III TRUE COPY OF THE JUDGMENT IN WA 418/2011 OF THIS COURT DT. 15.3.2011 /TRUE COPY/ C.N.Ramachandran Nair & P.S.Gopinathan, JJ. --------------------------------------------------- W.A.No.1243 of 2011 --------------------------------------------------- Dated this the 23rd day of August, 2011 JUDGMENT Ramachandran Nair, J. Appellant is the wife of the previous Manager of a CBSE school run at Keezhattingal. Appellant's husband, while functioning as the Manager of the school, was convicted in a murder case and he is said to be absconding as of now. Appellant is employed as a Librarian in the school. The school was set up by the Society using the funds contributed by the members. After the appellant's husband left, the managing committee of the Society is running the school. While so, the appellant, along with others, filed more than one suit before the civil court questioning the authority of the present office bearers to manage the school and claiming control over the school. The Principal of the school had opened a bank account with Union Bank of India. On appellant's complaint, the Bank proposed to freeze the operation of the bank account started by the Principal. The Principal thereupon filed a writ petition before this Court and this Court upheld his entitlement to continue operation of the bank account. It is against that judgment, appellant has filed this writ appeal. 2. We have heard counsel for the appellant and the counsel appearing for the respondents who took notice on admission and WA 1243/2011 2 argued the matter. 3. After hearing both sides, we do not find any merit in the writ appeal because, appellant has already filed a suit before the civil court to declare that the present managing committee is not authorised to run the school and that appellant and certain others are entitled to manage the school. Since the dispute among the members of the Society is pending before the civil court, there is no need for us to consider the merits of the case. All what is required to be considered is the entitlement of the Principal to operate the bank account started by him with Union Bank of India. We do not know on what basis appellant and others oppose operation of the bank account by the Principal. Admittedly, appellant is employed as a Librarian in the school and she is not managing the affairs of the school. Leaving open to the appellant to establish her rights in the Society and in turn, to run the school, we dismiss the writ appeal. It is made clear that it is open to the Principal to continue operation of the bank account started by him. (C.N.Ramachandran Nair, Judge) (P.S.Gopinathan, Judge) tkv