IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15852 of 2007(K)
1. A.KRISHNAVENI, CHEMBAKASSERY HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE REGIONAL DEPUTY DIRECTOR OF
4. THE DISTRICT EDUCATIONAL OFFICER,
5. A.LALITHA DAS, CHEMBAKASSERY HOUSE,
6. A.VENUGOPAL, CHEMBAKASSERY HOUSE,
7. A.UDAYAKUMARI, CLERK, CHEMBAKASSERY
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :31/05/2007
O R D E R
A.K. BASHEER, J.
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W.P.(C). NO. 15494 & 15852 OF 2007
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Dated this the 31st day of May, 2007
J U D G M E N T
These two writ petitions are the offshoot of several previous rounds
of litigation. The unsavoury part of the litigation is that very close blood
relations are fighting without any compunction over the right of
management of three educational institutions founded by their forefather.
2. Late Achuthan had founded the three schools in question viz.
Chembakassery Upper Primary School, Chembakassery Higher Secondary
School and Chembakassery T.T.I. He had two wives, Smt. Kunjikutty and
Smt. Devayani. Smt. Kunjikutty had 6 children and Devayani 5. Dispute
had arisen among the legal heirs of Achuthan belonging to the above two
groups. In terms of the decree passed by the Principal Subordinate Judge,
Kollam, in OS.147/1988, it was agreed that the 3 institutions would be
managed and administrated by 2 joint managers, one each to be elected
from the two groups. The term of office of the joint managers was agreed
to be for one year.
3. In W.P.(C) No.18463/06 this Court had directed the District
Educational Officer, Kollam to supervise the election of the representatives
from the two groups. Accordingly election was held and two joint
managers were appointed for the academic year 2006-07.
WPC NOS. 15494 & 15852/07 Page numbers
4. But the problem that has arisen now is of a different dimension.
It appears that two groups have elected their respective representatives to
be appointed as joint managers for the current academic year 2007-08.
Smt. Krishnaveni, petitioner in W.P.(C) No. 15852/2007 contends that Smt.
Lalitha Das from her group cannot act as joint manager though she has
been admittedly elected as the group representative. She contends that
Smt. Udayakumari, who is disqualified to be a member of the educational
agency under Rule 8(1) of Chapter III KER since she is employed in the
school, could not have participated in the election. It was with her support
that Smt. Lalitha Das had been elected. In the other writ petition viz, W.P.
(C) No.15494/07, the prayer is to issue a direction to the Controlling
Officer to approve the appointment of Smt. Lalitha Das as the joint
manager . In short there is a group inside the group. Smt. Krishnaveni is
pitted against her own sisters viz, Smt. Lalaitha Das and Smt.
Udayakumari. But, in view of the intervening developments, I do not deem
it necessary to deal with the rival contentions of the parties with regard to
the above contentious issue.
5. When these writ petitions had come up for consideration on the
previous occasion, learned counsel for the petitioners were requested to
explore the possibility of a settlement. It is heartening to note that in
response to the suggestion made by this Court, the counsel on either side
have gracefully come forward with a compromise formula. Obviously, the
WPC NOS. 15494 & 15852/07 Page numbers
parties have risen to the occasion. They have agreed that this
unnecessary imbroglio be swept under the carpet so that a cordial
atmosphere prevails among the members of the educational agency.
6. Therefore, without going into the rival contentions, the following
directions are issued as agreed by the learned counsel at the Bar. It is
assured by the learned counsel on either side that the parties have agreed
to the terms stated hereunder:
(a) For the first term of six months of the academic year starting
from June 1, 2007-08, Smt. A. Krishnaveni from Kunjikutty’s group and Sri.
A. Venugopal from Devayani’s group will function as Joint Managers. The
term of Smt. Krishnaveni will expire on December 31, 2007, since she has
been elected by her group only for six months. But Sri. A. Venugopal may
be entitled to continue, since he is authorised to represent his group till
May 31,2008.
(b) Smt. A. Lalitha Das from Kunjikutty’s group and Sri. A.
Venugopal will be the Joint Managers of the school from January 1, 2008
till May 31, 2008.
7. In case dispute persists between the two sub groups in Smt.
Kunjikutty’s group, it is agreed by the parties that the sub group of Smt. A.
Lalitha Das will get the benefit of managership of the school along with the
nominee of Devayani’s group during the first half of the next academic year
2008-09 and the second half will be shared by the nominee of Smt.
WPC NOS. 15494 & 15852/07 Page numbers
Krishnaveni’s sub group along with the representative of Smt. Devayani’s
group. This rotation shall continue in the coming years also if the difference
of opinion persists in Kunjikutty’s group.
The Controlling Officer shall pass appropriate orders approving the
appointment of joint managers in the above terms.
The writ petitions are disposed of as above.
A.K. BASHEER, JUDGE
vps
WPC NOS. 15494 & 15852/07 Page numbers
A.K. BASHEER, JUDGE
OP NO.20954/00
JUDGMENT
1ST MARCH, 2007