IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32491 of 2008(R) -------------------------- PETITIONER(S): --------------- VASUMATHY M.K., D/O.MADATHARA KUNJAYYAPPAN, W/O.BHASKARAN, CHERIRYAMBADATH BHASKARAN KOOLIMUTTAM DESOM & VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT. 2. UNNIRAJAN MASTER, S/O.MADATHARA KUNJAYYAPPAN, MANDATHARA HOUSE, KALARIPARAMBU, MATHILAKAM, THRISSUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.32491 of 2008 --------------------------------- Dated, this the 5th day of November, 2008 J U D G M E N T The petitioner submits that KMLP School, Koolimuttam, Trichur District was established by late Mr. Kunjayyappan, her father, who was its Manager. On his expiry, his wife continued as Manager and she also expired on 01/11/2007, leaving behind the petitioner and six other legal heirs. 2. There are several litigations between the parties, and it would appear that, in a meeting of the legal heirs held on 20/07/2008, by majority, they have resolved to appoint Smt.M.K.Usha, one of the legal heirs of the deceased couple, as the Manager of the school. It is stated that the decision so taken has been communicated to the 1st respondent seeking approval and that the matter is pending without any decision. It is in this circumstance, this writ petition is filed praying for a direction to the 1st respondent to approve Smt.M.K.Usha as the Manager. WP(C) No.32491/2008 -2 3. As at present, it is for the Assistant Educational Officer to decide on the request made. Therefore, this Court will not be justified in straight away directing approval of the Manager. Now, as the matter is pending before the 1st respondent, it is ordered that the 1st respondent shall take up the request made by the legal heirs of the deceased couple referred to above for approval of the Manager, consider and pass orders thereon, with notice to all the legal heirs of the deceased manager couple. This shall be done as expeditiously as possible. 4. The petitioner will produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg