IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 33050 of 2009(A) -------------------------------------- PETITIONER: ------------------- A.VASUMATHY,JOINT MANAGER, CHEMPAKASSERY SCHOOLS,CHEMPAKASSERY HOUSE, BHOOTHAKULAM.P.O, KOLLAM, PIN-691 302. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.K.A.BALAN, MR.PETER JOSE CHRISTO, MR.S.A.ANAND, MR.RAMESH.C.R, MR.K.V.VIMAL. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM,PIN-695 010. 2. DEPUTY DIRECTOR (EDUCATION),KOLLAM, PIN-691 001. 3. DISTRICT EDUCATIONAL OFFICER, KOLLAM,PIN-691 001. 4. CORPORATE EDUCATIONAL AGENCY OF CHEMPAKASSERY SCHOOLS,BHOOTHAKULAM.P.O, PIN-691 302,REPRESENTED BY SMT.A.SARASWATHY, JOINT MANAGER. 5. A.LALITHA DAS,'KALINDI', SREENIVASAPURAM.P.O,VARKALA,PIN-695 145. R1 TO R3 BY GOVT. PLEADER SMT. T.B. REMANI, R4 BY ADV. MR.V.VARGHESE, R5 BY ADV. MR.P.GOPALAKRISHNAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33050/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BYELAWS APPROVED BY ENDT. ON B3.7605/2005 DTD. 08/07/2005 OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. EXT.P.2: COPY OF THE MINUTES OF THE MEETING DTD. 10/05/2009. EXT.P.3: COPY OF THE ORDER BEARING NO.B4/3750/2009-K. DIS DTD. 29/09/2009 OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. EXT.P.4: COPY OF THE MEMORANDUM OF APPEAL DTD. 22/10/2009. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE PROPOSAL FOR APPROVAL OF OUR APPOINTMENT AS JOINT MANAGER SUBMITTED BEFORE THE D.E.O. ON 02/06/2009 WITHOUT ITS ENCLOSURES. EXT.R5.A: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.15494/07 DTD. 31/05/07. EXT.R5.B: COPY OF THE PROPOSAL (REPRESENTATION) FILED BY LALITHA DAS BEFORE THE DEO, KOLLAM DTD. 28/07/09. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33050/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of December, 2009 J U D G M E N T The petitioner herein was granted approval as Joint Manager, Chempakassery School upto 30/11/2009, going by Ext.P3 order. By Ext.P3, for the remaining half year of the present academic year, i.e. from 01/12/2009 to 31/05/2010, the fifth respondent has been allowed to function as Joint Manager. There were various disputes between the members of the family, and such details are not necessary for the disposal of this writ petition. Challenging Ext.P3, the petitioner has filed Ext.P4 appeal along with a prayer to stay the operation and implementation of that portion of Ext.P3 which enables the fifth respondent to function as Joint Manager with effect from 01/12/2009. 2. Heard the learned counsel for the petitioner, the learned counsel appearing for the fifth respondent and the learned Government Pleader. 3. In the light of the fact that the appeal is pending before the first respondent, there will be a direction to the said respondent to take a decision in the appeal, within a period of two months from today, with notice to the parties. In the meanwhile, it is open to the W.P.(C). No.33050/2009 -:2:- first respondent to take a decision on the interim order sought for in Ext.P4, after hearing the petitioner and the fifth respondent. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) ms