IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 2887 of 2008(R) ------------------------- PETITIONER(S): --------------- K.USHADEVI, D/O. LATE C.M.ECHUNNI NAIR, VALLIKUNNU NORTH, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI. 5. M. KARTHIYAYINI AMMA, W/O. LATE SRI. RADHAKSIRHNAN KURUP, MANGALAM HOUSE, VALLIKUNNUO P.O., MALAPPURAM. 6. UNNIKRISHNAN, S/O. LATE RADHAKRISHNA KURUP, DO. DO. 7. SHYJU, S/O. LATE RADHAKRISHNA KURUP, DO. DO. 8. KAMALA DEVI, D/O. LATE RADHAKRISHNA KURUP, DO. DO. 9. AMBUJAKSHI, D/O. LATE RADHAKRISHNA KURUP, DO. DO. ADDL. R5 TO R9 ARE IMPLEADED AS PER ORDER DT. 19-2-2008 IN I.A. NO. 2409/2008. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 2887/2008. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF WILL OF LATE SRI. ECHUNNI NAIR DT. 5-6-1995. EXT.P2 REPRESENTATION DT. 15-11-2006. EXT.P3 LETTER DT. 7-12-2006. EXT.P4 PROCEEDINGS DST. 25-8-2007. EXT.P5 REPRESENTATION DST. 3-10-2007. EXT.P6 COMMUNICATION DT. 13-11-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2887 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of March, 2010. J U D G M E N T The petitioner is the daughter of Echunni Nair, who died on 16-10-2006. Echunni Nair was the manager of Sastha Aided Lower Primary School, which is an aided school. Echunni Nair had executed a registered will, as per which the petitioner is entitled to function as the manager of the school. After the death of the petitioner's father, the petitioner has been managing the school. The petitioner filed a representation dated 15-11-2006 before the 4th respondent to approve the petitioner as the manager of the school. But, that has not been considered by the 4th respondent on the ground that consent letter of legal heirs of one Sri. Radhakrishna Kurup who is also entitled to a share in the school has not been received. The petitioner was requested to submit the same also. The petitioner submits that as per Ext. P1 will, the said Sri. Radhakrishna Kurup has only 1/5th share and the balance 4/5th share in the school vests with the petitioner. Therefore there is no point in ascertaining the consent of the legal heirs of Sri. Radhakrishna Kurup for the purpose of approving the managership of the petitioner, is the contention of the petitioner. The petitioner therefore seeks the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext. P4 and P6 and to quash the original of the same. b) writ of mandamus or any appropriate writ, order or direction, directing the 3rd and 4th respondents to approve the petitioner as the manager of the school as expeditiously as possible. c) to declare that the petitioner is entitled to be appointed as the manager of the school since she is holding substantial portion of the share in the property, as bequeathed in Ext. P1 will.” 2. In view of the contention of the respondents that there are W.P.C. No. 2887/2008 -: 2 :- other legal heirs as per the will executed by Echunni Nair, I directed that notice be issued to the legal heirs of late Sri. Radhakrishna Kurup, who is also entitled to share in the school as per Ext. P1 will. Notices have been served on them. They have not chosen to appear and contest the claim of the petitioner. That means that they have no objection in the petitioner being approved as the manager of the school. Even otherwise, since the petitioner has 4/5th share, their objection in the matter would not materially affect the petitioner's claim to be the manager of the school. In the above circumstances, the writ petition is disposed of quashing Exts. P4 and P6 and directing respondents 3 and 4 to approve the petitioner as the manager of the school, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However, as and when a bye-law or scheme for administration of the school is framed, managership of he school shall be regulated as per the bye-law or the scheme. Sd/- S. Siri Jagan, Judge. Tds/