IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22265 of 2009(C) -------------------------------- PETITIONERS: ---------------- 1. K.P.RADHAKRISHNAN S/O.LATE MADHAVI AMMA, RESIDING AT KARUVADA POTHIYIL HOUSE, PUDUSSERY, P.O.CHERUTHURUTHY THRISSUR DISTRICT. 2. K.P.RAVIKUMAR S/O.LATE MADHAVI AMMA, RESIDING AT KARUVADA POTHIYIL HOUSE, PUDUSSERY, P.O.CHERUTHURUTHY THRISSUR DISTRICT. BY MR.P.C.SASIDHARAN, ADVOCATE. MR.E.S.ASHRAF, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION TRICHUR. 3. THE DISTRICT EDUCATIONAL OFFICER D.E.O OFFICE, CHAVAKKAD. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22265 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioners herein are the sons of late Smt.Madhavi Amma who was the approved Manager of SNTTI, Cheruthuruthy. She had executed a Will as per Exhibit P1 whereby she had nominated the 1st petitioner as the Manager of the school. The 1st petitioner is the President of the District Co-operative Bank, Thrissur. Therefore, he is unable to take up the responsibilities of the Manager of the school and to devote time for its management. 2. By Exhibit P2, all the legal heirs of late Smt.Madhavi Amma sought for approval of the 2nd petitioner as the Manager after appointing him as such. Exhibit P3 is the consent letter. The application for approval is Exhibit P4. By Exhibit P5, the District Educational Officer directed the 2nd petitioner to produce the constitution and bye-laws approved by the Department. It is contended that the said procedure is not required in this case in the light of Exhibit P1 Will executed by late Smt.Madhavi Amma. W.P.(C) No.22265/2009 2 It is pointed out that there is no transfer of management in this case. The change in the personnel of the Manager alone is sought to be approved. 3. Reliance is placed on the decision of this Court in Rugmini Amma vs. State (1991 (2) KLT 672). In the light of the dictum laid down in the said decision, the 2nd petitioner has filed Exhibit P6 before the District Educational Officer seeking for reconsideration of the matter. Therefore, the learned counsel for the petitioners prayed that in view of the urgency of the matter, the District Educational Officer may be directed to take a decision on Exhibit P6 in the light of the dictum laid down in Rugmini Amma's case (supra). There will be a direction to the District Educational Officer to take a decision on Exhibit P6 within a period of one month from the date of receipt of a copy of this judgment. Regarding the day-to-day affairs of the school, till orders are passed by the District Educational Officer, the 2nd petitioner will be in charge. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp