IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21496 of 2011(J) ------------------------------- PETITIONERS: ---------------- 1. P.RAMA VARMA RAJA, VALIYA RAJA OF POONJAR KOICKAL (EDUCATIONAL AGENCY) SMV HIGHER SECONDARY SCHOOL, POONJAR, POONJAR P.O., KOTTAYAM-686 581. 2. P.K.REGHU VARMA, MANAGER, SMV HIGHER SECONDARY SCHOOL, POONJAR, POONJAR P.O., KOTTAYAM-686 581, RESIDING AT C-6, SANTHI BHAVAN, BELHAVEN GARDENS, THIRUVANANTHAPURAM-695 003. BY ADVS. DR.K.P.KYLASANATHA PILLAY, SENIOR ADVOCATE SMT.SHALEENA RAJAN SMT.SREEDEVI KYLASANATH RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM-691 001. 4. THE DISTRICT EDUCATION OFFICER, KANJIRAPPALLY-686 507. WP(C).No. 21496/2011 5. P.R.ASHOKA VARMA RAJA, KANJIRAMATTOM PALACE, POONJAR, KOTTAYAM DISTRICT-686 575. ADDL.R6. VISHAKAMNAL SUDHAKARA VARMA, S/O. LATE M.S. NARAYANAN NAMBOODHIRI, “SARANGHI”, DEESEEYAKAVALA, THRIKKAKARA, COCHIN – 682 021. (ADDL. R6 IMPLEADED AS PER ORDER IN I.A.No.13278/11 DTD.11.8.11) BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE. SRI.S.SUJIN FOR ADDL.R6 SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21496/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF RELEVANT PORTION OF PARTITION DEED No.1245/51 DTD. 15.6.51. EXT. P2 : COPY OF ORDER OF APPROVAL OF District Educational Officer ON 24.8.89. EXT. P2(a) : COPY OF SERVICE ORDER DTD. 30.4.90. EXT. P2(b) : COPY OF CONSTITUTION GIVEN UNDER SEAL OF VALIYA RAJA ON 28.8.91. EXT. P2(c) : COPY OF JUDGMENT IN O.S.279/90 DTD. 30.11.91. EXT. P3 : COPY OF APPLICATION FOR CHANGE OF MANAGEMENT AND ORDER OF District Educational Officer DTD. 8.1.92 APPROVING APPOINTMENT OF SRI.P.KERALA VARMA RAJA. EXT. P4 : COPY OF LETTER DTD. 23.7.08 OF District Educational Officer. EXT. P4(a) : COPY OF APPEAL SUBMITTED BY P.KERALA VARMA RAJA BEFORE R2. EXT. P5 : COPY OF LETTER DTD. 25.5.11 OF 1ST PETITIONER TO District Educational Officer REGARDING APPOINTMENT OF 2ND PETITIONER P.K.REGHU VARMA AS MANAGER OF SMV HSS. EXT. P5(a) : COPY OF APPLICATION FOR CHANGE OF MANAGEMENT. EXT. P6 : COPY OF REPRESENTATION OF PETITIONERS DTD. 7.7.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21496 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T This writ petition is filed by the petitioners seeking for a direction to the 4th respondent to approve the appointment of the 2nd petitioner as Manager with effect from 25.05.2011. 2. It is a case where the 1st petitioner claims that he is the Individual Educational Agency and the 2nd petitioner is the present Manager who is the legally authorised delegate of the educational agency appointed by the 1st petitioner. The 1st petitioner is eldest male member of the Poonjar Koickal family. Therefore, he has the right to maintain and administer the common properties of the Poonjar Koickal and he is the present Valiya Raja of the said Koickal. Ext.P1 is a copy of the relevant portion of the partition deed. 3. It is pointed out that on the death of late Sri.Kerala Varma Raja, the 1st petitioner became the Valiya Raja. He claims that in terms of his right as Valiya Raja, he has nominated the W.P.(C) No.21496/2011 2 2nd petitioner as the Manager and applications have been filed before the District Educational Officer for granting approval. Ext.P4(a) is a copy of the application submitted by the deceased Sri.P.Kerala Varma Raja and Ext.P5 is the application submitted by the 1st petitioner. The 5th respondent herein was nominated by late Sri.Kerala Varma Raja as Manager of the school and approval of the said appointment was not granted evidently by Ext.P4 order. Aggrieved by the delay in the matter, this writ petition has been filed. 4. Heard the learned counsel for the petitioner, learned Senior Counsel appearing for the additional 6th respondent and the learned Government Pleader. The additional 6th respondent contends that the 1st petitioner should have consulted the members of the family before nominating the 2nd petitioner as the Manager. It is pointed out that the 1st petitioner has no such authority to appoint a Manager of his choice so long as the school is a family property in which he has no special right. 5. I am not going into the merits of the contentions of the parties since it is a matter for consideration by a statutory W.P.(C) No.21496/2011 3 authority concerned namely, the District Educational Officer. Therefore, there will be a direction to the District Educational Officer to take a decision in the matter, after hearing the petitioners, additional 6th respondent and any other member of the family who wishes to be heard before the District Educational Officer, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp