High Court Kerala High Court

K.A.Simon vs M.L.Mary on 6 June, 2007

Kerala High Court
K.A.Simon vs M.L.Mary on 6 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2259 of 2005(A)


1. K.A.SIMON, KALATHINGAL HOUSE,
                      ...  Petitioner

                        Vs



1. M.L.MARY, W/O.KOCHUPOULOSE,
                       ...       Respondent

2. K.K.PAULSON, KALATHINGAL HOUSE,

3. K.K.BABU, KALATHINGAL HOUSE,

4. K.K.JENNY, D/O.LATE KOCHUPOULOSE AND

5. K.K.MOLLY, W/O.K.A.KOCHIPULOSE &

6. K.K.KOCHURANI, W/O.KOCHU PAULOSE &

7. M.V.ANNIE, W/O.LATE K.A.XAVIER,

8. RAJAN XAVIER, S/O.LATE K.A.XAVIER,

9. SHEELA XAVIER, D/O.LATE K.A.XAVIER,

10. M.V.MARY, W/O.LATE K.A.KOCHANTHONY,

11. K.K.SAJU, S/O.K.A.KOCHANTHONY,

12. K.K.JESSY, D/O.LATE K.A.KOCHANTHONY,

13. ASSISTANT EDUCATIONAL OFFICER,

14. THE ASSISTANT EDUCATIONAL OFFICER,

15. THE DIRECTOR OF PUBLIC INSTRUCTION,

16. THE STATE OF KERALA, REPRESENTEDBY THE

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  :SRI.N.P.SAMUEL

The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/06/2007

 O R D E R


                               K.S.Radhakrishnan

                                            &

                              Antony Dominic, JJ.

                 ========================

                             W.A.No.2259 of 2005

                 ========================


                 Dated this the 6th  day of June, 2007.


                                     JUDGMENT

Radhakrishnan,J.

Writ Petition was preferred by the appellant seeking a writ of

certiorari to quash Ext.P8 order passed by the Government and also

for consequential reliefs. The issue involved in the Writ Petition is

with regard to the right of management of an L.P. School and its

properties belonged to one Kalathingal Anthony. He was also managing

the School. Anthony has four sons. Petitioner is the youngest son.

Anthony executed Ext.P1 Will in respect of all his properties which

include a School building also. As per the terms of the Will, the School

property will vest in one-fourth shares on the sons of Anthony while

WA 2259/05 -: 2 :-

management of the School claims to be vested on the petitioner. On

the basis of a joint application made by the petitioner and Anthony

during the life time of Anthony, the Department transferred

management of the School in favour of the petitioner on 12.12.1965

and the petitioner continued to be the Manager even after the death of

Anthony. Since the petitioner was a Teacher, he transferred his

managership over the School in the year1968 in favour of his sister

Annakutty. Annakutty continued as Manager of the School for 12

years. Later, management was transferred to Kochupoulose, another

brother of the petitioner. In the year 1987 the petitioner retired from

service and the managership was transferred in his favour and transfer

was approved by the Department. The other three brothers of the

petitioner raised a claim that they are also entitled to equal shares

over the managership of the School and that a Corporate Educational

Agency was formed when the testator passed away.

2. Government, when the matter came before it, gave a

direction to the Deputy Director of Education to convene a meeting of

all the legal heirs and to take a decision as per majority for the

constitution of the Corporate Educational Agency and for appointment

of Manager of the School. Aggrieved by Ext.P8 order, petitioner filed

the Writ Petition. Learned single Judge did not interfere with that part

WA 2259/05 -: 3 :-

of Ext.P8 by which the Deputy Director of Education was directed to

convene a meeting of the petitioner and respondents 1 to 12 to take a

decision as to whether the By-laws of the Corporate Educational

Agency should be approved and also as to who should be the Manager

of the School. Learned single Judge did not approve Ext.P8 to the

extent it deals with the validity or otherwise of the sale deed allegedly

executed by the petitioner and the learned single Judge vacated the

finding of the Government in Ext.P8 regarding the validity of the sale

deed observing that that issue should be decided in appropriate other

proceedings to be initiated by any of the parties.

3. Counsel for the respondents submitted that an educational

agency has already been constituted and that has been approved. In

the circumstances, rest of the findings entered by the Government

which were confirmed by the learned single Judge are not to be

disturbed. Counsel for the petitioner has stated that he has preferred

a suit, O.S.No.142 of 2007 at Irinjalakuda Court for a declaration that

he is entitled to get the managership of the School on the strength of

the Will. Since disputes regarding the various terms of the Will is

being considered by the Civil Court, we are not expressing our final

opinion on the terms of the Will. But we make it clear that the views

expressed by this Court as well as by the Government will have no

WA 2259/05 -: 4 :-

bearing with regard to the issues pending consideration by the Civil

Court.

With the above observations, this Writ Appeal is disposed of.

K.S.Radhakrishnan,

Judge.

Antony Dominic,

Judge.

ess 6/6