Disposed

P.K.Sukumara Panicker v. the State of Kerala

Kerala HC12 Dec 2019WP(C)/27678/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the appointment of a school manager. The court directed the Director of Public Instructions to finalise the issue based on the trust deed within one month after providing notice to left-out legal heirs, and to dehorse impugned orders if such heirs do not respond.

What did the court decide?

Directed the Director of Public Instructions to finalise the manager appointment based on the trust deed within one month after notice to left-out heirs; to de hors impugned orders if heirs are non-re

P.K.Sukumara Panicker Vs the State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941

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WP(C).No.27678 OF 2019(H)

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PETITIONER/S:

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P.K.SUKUMARA PANICKER

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AGED 61 YEARS S/O. LATE KRISHNA PANICKER, KRISHNA SADAN, P.O. NADUVA, PARAPPAANGADI-676 303

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BY ADVS.

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SRI.B.KRISHNAN SRI.R.PARTHASARATHY

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 001

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3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 001

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4 THE DEPUTY DIRECTOR OF EDUCATION. MALAPPURAM-676 303

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THE DISTRICT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM-676 303

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6 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM-676 303

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7 RAJEEV E.K, NALINADALAM, NADUVA P.O, PARAPPANANGADI-676 303

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8 RAJESH E.K, EZHURKALARICKEL HOUSE, TIRUR P.O, TIRUR-676 101

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RAMYA E.K, A.U.P SCHOOL, CHIRAMANGALAM, P.O. NADUVA, PARAPPANANGADI-676 303

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WP(C).No.27678 OF 2019(H) 2

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10 SANDHYA P.K, SANTHOSH VILLA, NADUVA P.O, PARAPPANANGADI-676 303

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11 SOUMYA P.K, SANTHOSH VILLA, NADUVA P.O, PARAPPANANGADI-676 303

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R1 to R6 SRI.JESTIN MATHEW,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27678 OF 2019(H) 3

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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“ i) issue a writ of certiorari or any other appropriate writ order or direction quashing the original of Exhibits P4 and P5 and;

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ii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to approve the petitioner as Manager of Educatinal Agency in terms of Exhibit P2.”

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According to the petitioner, father of the petitioner was the manager of A.U.P. School, Parappanangadi, and when father died mother became

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the manager. Anyhow, petitioner filed W.P.(C)

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No.2238/2018 whereby, the 2^nd respondent was

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directed to approve the said deed of trust and allow the manager entitled in the deed to run the

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school. According to the petitioner, the 4^th respondent as per proceedings dated 04.05.2019 approved the said deed. However, later as per letter dated 14.07.2019 pointed out that, eventhough there are 10 legal heirs of Krishna

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WP(C).No.27678 OF 2019(H) 4

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Panicker only five have executed the deed of trust.

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The 2^nd respondent by proceedings dated 24.08.2019 appointed the 6^th respondent i.e. the Assistant Educational Officer, Parappanangadi, Malappuram District as the manager of the school. Eventhough notice is issued to the legal heirs left out, nobody appeared before the educational authority, it is thus seeking appropriate directions to the Director of Public Instructions, Thiruvananthapuram to finalise the proceedings based on the trust deed produced by the petitioner so as to comply with the directions contained in Ext.P1 judgment in W.P.(C)No. 2238 of 2018 and connected case. Even though petitioner has made the left out legal heirs parties in this writ petition

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and notice was served on them, there is no appearance for the said respondents. In my considered opinion there should be a practical way

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out to resolve the situation.

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Therefore, after having heard learned counsel for the petitioner and the learned

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WP(C).No.27678 OF 2019(H) 5

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Government Pleader, I am of the view that, this

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writ petition can be disposed of with appropriate directions to the Director of Public Instructions.

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Accordingly, there will be a direction to the

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Director of Public Instructions i.e. the 2^nd

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respondent herein to finalise the issue in respect of the appointment of the manager, taking into

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account the trust deed, and the directions

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contained in Ext.P1 judgment at the earliest, and

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at any rate, within one month, after providing notice to the legal heirs, who are left out from the trust deed. But I make it clear that, if the

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said left out legal heirs are not responding to the

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notices issued by the Director of Public Instructions, or conveys any no objection in the

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petitioner and other members of the Trust managing the school, then necessary steps shall be taken immediately to appoint the manager in accordance

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with Ext.P2 trust deed, dehorse the observations and findings contained in Exts.P4 and P5 orders of the 2^nd respondent and in accordance with law.

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WP(C).No.27678 OF 2019(H) 6

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Writ petition is disposed of, accordingly.

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Sd/SHAJI P.CHALY JUDGE

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hmh

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WP(C).No.27678 OF 2019(H) 7

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 2238/2018 DATED 1.8.2018 OF THE HON'BLE HIGH COURT.

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EXHIBIT P2 TRUE COPY OF THE DEED OF TRUST DATED 29.10.2018. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 4.5.2019. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 14.7.2019 OF THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO. G2/14068/2019/DGE DATED 24.8.2019. EXHIBIT P6 TRUE COPY OF THE LETTER OF THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE CONSENT LETTER OF THE 5TH HEIRS SINGED ON 18.09.2019.

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RESPONDENT'S/S EXHIBITS: NIL

P.K.Sukumara Panicker v. the State of Kerala

Case brief

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P.K.Sukumara Panicker v. the State of Kerala

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