Mukkam Education Society vs The Deputy Director Of Education on 24 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7382 of 2009(P)


1. MUKKAM EDUCATION SOCIETY
                      ...  Petitioner

                        Vs



1. THE DEPUTY DIRECTOR OF EDUCATION,
                       ...       Respondent

                For Petitioner  :SRI.BABU JOSEPH KURUVATHAZHA

                For Respondent  :SRI.M.P.ASHOK KUMAR

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :24/03/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                         W.P.(C).No.7382 of 2009
                      --------------------------------------
                          Dated 24th March, 2009

                                 JUDGMENT

Heard both sides.

2. The petitioner has filed this writ petition, seeking a writ in the

nature of mandamus commanding the first respondent to hand over the

management of Mukkam High School to the petitioner, in view of Ext.P5

judgment delivered by the Court of the Additional Subordinate Judge of

Kozhikode.

3. The learned counsel appearing for the party respondents

submit that they have filed A.S.Nos.86 and 87 of 2009 in the Court of the

District Judge of Kozhikode challenging Ext.P5 judgment. The learned

counsel for respondents 2 and 3 further submits that the appeals have been

admitted and notice ordered to the respondents in the appeals and that the

appeals stand posted for return of notice to 2.4.2009. Sri. Babu Joseph

Kuruvathazha, the learned counsel appearing for the petitioner submits that

in any view of the case, the petitioner, whose rights are recognized in Ext.P5

judgment, may be permitted to effect repairs to the school buildings. The

learned counsel for the petitioner submits that the monsoon is fast

approaching and unless periodical repairs are carried out, the health and

WP(C).No.7382/2009 2

safety of the students will be in jeopardy. The learned counsel for the party

respondents on the other hand submits that the Educational Officers are

presently in management and that the officers of the Education

department, will take steps to carry out periodical repairs to the school

buildings, if such repairs are necessary.

4. It is now conceded that Ext.P5 judgment has not become

final. The appellate court is in seizin of the matter. I am therefore of the

considered opinion that the management of the school cannot be handed

over to the petitioner as prayed for in the writ petition. He will have to await

the outcome of appeals pending in the appellate court which is in seizin of

the matter, before seeking that relief. It will be open to the petitioner to

move the District Court, Kozhikode where A.S.Nos.86 & 87 of 2009 are

pending and seek orders regarding maintenance of the school buildings. It

will also be open to the parties to the appeals to move the lower appellate

court for the appointment of a Receiver to take possession of and manage

the school pending resolution of the dispute by the civil court.

The writ petition is disposed of accordingly.

P.N.RAVINDRAN
Judge

TKS