Allowed

Justice D.Hariparanthaman (Retd) v. State of Kerala

Kerala HC16 Sept 2021WA/1100/2021

Case brief

AI extract

What is this about?

The High Court held that a retired Justice appointed as the interim Administrator for the India Evangelical Lutheran Church could direct the Director of General Education to permit Rev. M. Mohanan to continue as Manager of the Church schools. The court emphasized continuity under the Administrator's supervision over the appointment of a third person, overriding a lower court's decision.

What did the court decide?

Rev. M. Mohanan permitted to function as Manager until elections are held, subject to supervision of Interim Administrator; Dr. D.K. Satheesh's appointment superseded.

Justice D.Hariparanthaman (Retd) Vs State of Kerala — Property and Title | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

¶3

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WA NO. 1097 OF 2021

¶4

AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 15768/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶5

APPELLANT/3RD RESPONDENT:

¶6

JUSTICE D. HARIPARANTHAMAN (RETD) AGED 64 YEARS,ADMINISTRATOR-IELC NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI, TAMIL NADU 600 018

¶7

BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM, SR.COUNSEL SRI.BABU JOSEPH KURUVATHAZHA SRI.K.S.ARCHANA SRI.M.G.SREEJITH

¶8

RESPONDENTS/PETITIONERS & RESPONDENTS 1 AND 2:

¶9

1 REV. J. MOHAN RAJ,AGED 53 YEARS PRESIDENT, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005

¶10

2 CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005, REP.BY ITS MANAGER, REV. M. MOHANAN.

¶11

3 REV. M. MOHANAN, MANAGER,CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005

¶12

4 THE PRINCIPAL SECRETARY DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶13

5 THE DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN 695 014

¶14

BY ADVS.SRI.LIJU V.STEPHEN SRI.PREMCHAND R NAIR, SR.G.P.

¶15

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1100/2021, 1143/2021, 1146/2021, 1165/2021 AND 1166/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶17

:-2-:

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶19

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶20

¶21

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WA NO. 1100 OF 2021

¶22

AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 17060/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶23

APPELLANT/PETITIONER:

¶24

JUSTICE D.HARIPARANTHAMAN (RETD),AGED 64 YEARS,S/O.DURAI SWAMI, NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI, TAMIL NADU 600 018, RESIDING AT HOUSE NO.2, FIRST MAIN ROAD, KAMARAJ NAGAR, THIRUVANMIYUR, CHENNAI, TAMIL NADU 600 041 (INTERIM ADMINISTRATOR OF EVANGELICAL LUTHERAN CHURCH, APPOINTED BY THE HIGH COURT OF JUDICATURE, MADRAS), REP.BY HIS POWER OF ATTORNEY HOLDER, D.TITUS, S/O.LATE M.DEVADASAN, AGED 71 YEARS, PONVILA,GCN 115, GC NAGAR, 2ND STREET, PEROORKKADA P.O., THIRUVANANTHAPURAM 695 005, KERALA

¶25

BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM, SR.COUNSEL SRI.BABU JOSEPH KURUVATHAZHA SRI.K.S.ARCHANA

¶26

RESPONDENTS/RESPONDENTS:

¶27

1 STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶28

2 DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN 695 014

¶29

3 REV. M. MOHANAN, PASTOR, C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT PIN 695 005

¶30

4 DEPUTY DIRECTOR OF EDUCATION, KOCHAR ROAD, PAZHAYASALAI, VALIYASALAI, THIRUVANANTHAPURAM PIN 695 036

¶31

BY ADVS.SRI.LIJU V.STEPHEN SRI.PREMCHAND R NAIR, SR.G.P.

¶32

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1097/2021, 1143/2021, 1146/2021, 1165/2021 AND 1166/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶33

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶34

:-3-:

¶35

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶36

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶37

¶38

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WA NO. 1143 OF 2021

¶39

AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 17060/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶40

APPELLANT/3RD RESPONDENT:

¶41

REV.M.MOHANAN,AGED 52 YEARS,PASTOR, C.L.H.S.S.COMPOUND, PEROOKRKADA P.O., THIRUVANANTHAPURAM DISTRICT-695 005

¶42

BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB

¶43

RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 4:

¶44

1 JUSTICE D. HARIPARANTHAMAN (RETD.),AGED 64 YEARS,S/O. DURAI SWAMI, NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI, TAMIL NADU600 018, RESIDING AT HOUSE NO.2, FIRST MAIN ROAD, KAMARAJ NAGAR, THIRUVANIYUR, CHENNAI, TAMIL NADU-600 041 (INTERIM ADMINISTRATOR OF EVANGELICAL LUTHERAN CHURCH, APPOINTED BY THE HIGH COURT OF JUDICATURE, MADRAS)REPRESENTED BY HIS POWER OF ATTORNEY HOLDER D.T.TITUS, S/O. LATE M.DEVADASAN, AGED 71 YEARS, PONVILA, GCN 115, GC NAGAR 2ND STREET, PEROORKKADA P.O., THIRUVANANTHAPURAM-695 005, KERALA

¶45

2 STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM-695 001

¶46

3 DIRECTOR OF GENERAL EDUCATION,GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT,PIN-695 014

¶47

4 DEPUTY DIRECTOR OF EDUCATION,KOCHAR ROAD, PAZHAYASALAI, VALIYASALI, THIRUVANANTHAPRUAM,PIN-695 036

¶48

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.PREMCHAND R NAIR, SR.G.P.

¶49

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1097/2021, 1100/2021, 1146/2021, 1165/2021 AND 1166/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶50

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶51

:-4-:

¶52

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶53

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

¶54

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WA NO. 1146 OF 2021

¶55

AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 15768/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶56

APPELLANTS/PETITIONERS:

¶57

1 REV. J.MOHAN RAJ,AGED 52 YEARS PRESIDENT, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT-695005.

¶58

2 CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT-695005, REPRESENTED BY ITS MANAGER, REV. M. MOHANAN.

¶59

3 REV. M. MOHANAN,MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT-695005.

¶60

BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB

¶61

RESPONDENTS/RESPONDENTS:

¶62

1 THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM DISTRICT-695014.

¶63

2 THE DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT-695014.

¶64

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶65

:-5-:

¶66

3 JUSTICE D. HARIPARANTHAMAN (RETD.), ADMINISTRATOR-IELC, NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI600018.

¶67

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.PREMCHAND R NAIR, SR.G.P.

¶68

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1097/2021, 1100/2021, 1143/2021, 1165/2021 AND 1166/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶69

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶70

:-6-:

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶72

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

¶73

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WA NO. 1165 OF 2021 AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 17060/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶74

APPELLANT/THIRD PARTY:

¶75

I.NELSON, S/O.ISSAC, AGED 82 YEARS,CHEMIBITTA VILLA, VALIYA KATTAKKAL,VENJARAMOODU P.O.,PIN-695607.

¶76

BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SMT.ANNA LINDA V.J SRI.NAVEEN A.VARKEY

¶77

RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4

¶78

1 JUSTICE D. HARIPARANTHAMAN (RETD.) AGED 64 YEARS, S/O. DURAI SWAMI, NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI, TAMIL NADU-600 018, RESIDING AT HOUSE NO.2, FIRST MAIN ROAD, KAMARAJ NAGAR, THIRUVANIYUR, CHENNAI, TAMIL NADU-600 041 (INTERIM ADMINISTRATOR OF EVANGELICAL LUTHERAN CHURCH, APPOINTED BY THE HIGH COURT OF JUDICATURE, MADRAS)REPRESENTED BY HIS POWER OF ATTORNEY HOLDER D.T.TITUS, S/O.LATE M.DEVADASAN, AGED 71 YEARS, PONVILA, GCN 115, GC NAGAR, 2ND STREET, EROORKKADA P.O., THIRUVANANTHAPURAM-695 005, KERALA

¶79

2 STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM-695 001

¶80

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶81

:-7-:

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3 DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT,PIN-695 014

¶83

REV.M.MOHANAN

¶84

4 PASTOR, C.L.H.S.S.COMPOUND, PEROOKRKADA P.O., THIRUVANANTHAPURAM DISTRICT-695 005

¶85

5 DEPUTY DIRECTOR OF EDUCATION, KOCHAR ROAD, PAZHAYASALAI, VALIYASALI, THIRUVANANTHAPRUAM,PIN-695 036

¶86

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.PREMCHAND R NAIR, SR.G.P. SRI.LIJU.V.STEPHEN

¶87

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1097/2021, 1100/2021, 1143/2021, 1146/2021 AND 1166/2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶88

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶89

:-8-:

¶90

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶91

PRESENT

¶92

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶93

¶94

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶95

THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943

¶96

WA NO. 1166 OF 2021

¶97

AGAINST THE JUDGMENT DATED 22.7.2021 IN WP(C) 15768/2020 OF HIGH COURT OF KERALA, ERNAKULAM

¶98

APPELLANT/THIRD PARTY:

¶99

I.NELSON,S/O.ISSAC,AGED 82 YEARS, CHEMIBITTA VILLA, VALIYA KATTAKKAL, VENJARAMOODU P.O,PIN-695607.

¶100

BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.THOMAS P.KURUVILLA SRI.MANJUNATH MENON SRI.AJAY BEN JOSE SRI.NAVEEN A.VARKEY SRI.HARIKRISHNAN S. SMT.ANNA LINDA V.J SRI.P.PRIJITH

¶101

RESPONDENTS/PETITIONERS 1 TO 3 AND RESPONDENTS 1 TO 3:

¶102

1 REV. J. MOHAN RAJ, AGED 52 YEARS PRESIDENT, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005

¶103

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶104

:-9-:

¶105

2 CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005, REP.BY ITS MANAGER, REV. M. MOHANAN.

¶106

3 REV. M. MOHANAN, MANAGER CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, TRIVANDRUM SYNODINDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 005

¶107

4 THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM DISTRICT-695014.

¶108

5 THE DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN 695 014

¶109

6 JUSTICE D. HARIPARANTHAMAN (RETD) ADMINISTRATOR-IELC NO.47, ELDAMS ROAD, TEYNAMPET, CHENNAI, TAMIL NADU 600 018

¶110

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.PREMCHAND R NAIR, SR.G.P. SRI.LIJU.V.STEPHEN

¶111

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2021, ALONG WITH WA.1097/2021, 1100/2021, 1143/2021, 1146/2021 AND 1165/2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶112

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶113

:-10-:

¶114

J U D G M E N T

¶115

A.K.JAYASANKARAN NAMBIAR, J.

¶116

All the above writ appeals impugn the common judgment dated 22.7.2021 of the learned single Judge in W.P.(C)Nos.15768/2020 and 17060/2020. Both the writ petitions were preferred impugning Ext.P15 order dated 28.7.2020 of the Director of General Education that issued certain directions with regard to the management of 23 schools established by the India Evangelical Lutheran Church (IELC) in Kerala. The brief facts necessary for disposal of these writ appeals are as follows;

¶117

The IELC has three synods under it – two of them at Ambur and Nagarcoil in Tamil Nadu State and one at Thiruvananthapuram in Kerala State. The educational institutions with which we are concerned in these writ appeals come under the management of the Thiruvananthapuram synod of the IELC. It would appear that on account of disputes that arose between factions of members of the IELC under the various synods, litigation was initiated in the State of Tamilnadu, which eventually reached the Madras High Court, which court by a judgment dated 31.7.2018 in TR.C.S.No.741/2017 and A.No.1695/2018, found it appropriate to appoint an interim Administrator to supervise the management of the properties of, as also the functioning of the various institutions under, the IELC. The court

¶118

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶119

:-11-:

¶120

directed the Administrator so appointed to take steps to hold an election to elect office bearers to the executive committees, so that there would be a quietus to the disputes brought before it in the litigations aforementioned. It was accordingly that a retired Judge of the Madras High Court - Mr.Justice D.Hariparanthaman - came to be appointed as the interim Administrator who was authorised to take charge of the administration of the church with immediate effect. It is not in dispute that the interim Administrator has since taken charge of the administration of the church and the various institutions, including educational institutions functioning under it. The dispute in the instant writ appeals pertains to the appointment of a Manager to the educational institutions functioning under Thiruvananthapuram synod of the IELC.

¶121

The educational agency of the institutions under the corporate management of the Thiruvananthapuram synod of IELC had appointed Rev.M.Mohanan as its Manager for the period from 3.9.2013 to 3.9.2016. The said appointment was in accordance with the approved by-laws of the corporate educational agency, and was therefore duly approved by the educational authorities in the State of Kerala in terms of the Kerala Education Act and Rules. The said Rev.M.Mohanan was again reappointed for a fresh term to cover the period from 3.9.2016 to 1.9.2019. During the

¶122

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶123

:-12-:

¶124

second tenure of the Manager, disputes arose, as noticed above, and directions were issued by the Madras High Court in the civil litigations pending before it. Consequently, when the second term of Rev.M.Mohanan, as Manager of the educational institutions, came to an end on 1.9.2019, an issue arose as to who should be appointed as the Manager for the subsequent period? The issue arose because, as per the terms of the approved by-laws of the corporate educational agency, a Manager could not be appointed for more than two consecutive terms, of three years’ duration each, and in the absence of a new executive committee taking charge, another person could not be appointed as Manager either. Under the said peculiar circumstances, the educational agency appointed Rev.M.Mohanan for a further period of six months from 1.9.2019 to 31.3.2020. This appointment was also approved by the educational authorities under the KER. Immediately after the said Rev.M.Mohanan assumed charge as Manager for the said period, he was served with a letter dated 23.9.2019 issued by the Administrator asking him to hand over the documents/keys pertaining to the educational institutions to the said Administrator, who opined that the said course of action was in line with the directions issued by the Madras High Court in the judgment referred above. The Administrator, by another letter of the same date, also requested the Director of General Education to recognise him as the Manager of the educational institutions under the Thiruvananthapuram synod of IELC in lieu of Rev.M.Mohanan. When no reply was forthcoming from the Director of

¶125

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶126

General Education, the Administrator approached this Court through W.P. (C)No.2319/2020 praying for directions to be issued to the Director of General Education. The said writ petition was heard along with W.P. (C)No.35463/2019 that was preferred by Rev.M.Mohanan seeking a direction to the Administrator not to interfere with or take over the management of the corporate educational institutions functioning under the Thiruvananthapuram synod. Both these writ petitions were disposed of by Ext.P9 judgment dated 9.3.2020, whereby the Director of General Education was directed to consider the issue projected by both the petitioners within three weeks from the date of receipt of a copy of the judgment after hearing the parties.

¶127

Probably on account of the intervening pandemic situation, the Director of General Education could not pass the orders as directed by this Court in Ext.P9 judgment within the time specified therein. This led Rev.M.Mohanan to approach this Court through a fresh writ petition bearing No.11952/2020 seeking a direction to the educational authorities to permit him to continue as a Manager till such date as orders were passed by the Director of General Education as earlier directed by this Court. By Ext.P12 interim order, this Court directed the Director of General Education to pass orders pursuant to Ext.P9 judgment expeditiously and to produce the order so passed before this Court on 29.7.2020. It would appear that, pursuant to

¶128

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶129

:-14-:

¶130

the said directions, the Director of General Education passed Ext.P15 order dated 28.7.2020 and produced the same before this Court as directed by the learned single Judge. Taking note of the said development, W.P. (C)No.11952/2020 was closed by this Court. In Ext.P15 order of the Director of General Education, the request of the Administrator for appointing him as the Manager of the educational institutions under the corporate educational agency was rejected. The request of Rev.M.Mohanan to continue as Manager of the educational institutions was also rejected on the ground that the approved bylaws of the corporate educational agency did not permit a person, who had already held the office of Manager for two consecutive three-year terms, to be appointed as the Manager for another consecutive term. The management of the educational institutions was therefore entrusted with the Deputy Director of Education, Thiruvananthapuram, till such time as there was a resolution of the civil disputes and an appointment of new Manager in accordance with the approved by-laws. We are told that against the said order of the Director of General Education, a revision petition has been preferred before the Government by the Administrator, and the said revision petition is pending adjudication. It is while so that, impugning the said order of the Director of General Education, both the writ petitions, viz., W.P.(C)No.15768/2020 by Rev.M.Mohanan and W.P. (C)No.17060/2020 by the Administrator were preferred before this court.

¶131

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶132

:-15-:

¶133

The learned Single Judge who considered the writ petitions noticed the sequence of events enumerated above and was of the view that the primary concern for this Court was to ensure that the Schools in question were administered effectively by a competent individual who showed deference to law and who would not act beyond the parameters of the statutory mechanism under the Kerala Education Act and Rules. With this objective in mind, the learned Judge proceeded to request both the parties, namely Rev.M.Mohanan and the Administrator, to suggest names of individuals with proven stature in society and whose credentials are beyond controversy, for the purpose of directing the appointment of a suitable person as Manager of the educational institutions pending resolution of the civil disputes. After considering the various names suggested by the rival parties, the learned Judge disposed the writ petitions by directing the Director of General Education to issue an order appointing Dr.D.K.Satheesh, a former Principal of the University College, Thiruvananthapuram, as the Manager of the Schools. The learned Judge thereafter directed the Director General of Education to make it clear in the orders appointing the Manager that he would act expressly under the overall command and supervision of the Administrator in terms of the directions of the Honourable High Court of Madras.

¶134

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶135

:-16-:

¶136

We have heard the learned Senior counsel Sri.Kurian George Kannanthanam duly instructed by Sri.Babu Joseph Kuruvathazha on behalf of the Administrator in W.A.Nos.1100/2021 and 1097/2021, Sri.Liju V.Stephen learned counsel appearing for Rev.M.Mohanan in W.A.Nos.1143/2021 and 1146/2021 and the learned Senior counsel Sri.S.Sreekumar instructed by Sri.P.Martin Jose appearing for Sri.I.Nelson a third party who obtained leave of this Court for preferring W.A.Nos.1165 and 1166 of 2021.

¶137

On a consideration of the rival submissions and on a perusal of the pleadings before us, we are of the view that there was no justification for the learned single Judge to direct the appointment of a third person as the pro tem Manager of the educational institutions under the Thiruvananthapuram synod of IELC. From the facts already noticed in an earlier part of this judgment it is clear that the factional disputes that arose with regard to the administration of the church and its properties were considered by the Madras High Court in suits and appeals before that court, and by the judgment dated 31.7.2018, the court deemed it necessary to appoint an Administrator to take charge of the administration of the Church and all its synods. The said arrangement put in place by the Madras High Court was with a view to safeguard the interests of the church and its properties pending resolution of the disputes between its various factions,

¶138

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶139

:-17-:

¶140

and on finding that it was only through the conduct of an election to its executive committee that there would be a true resolution of the disputes between the said factions. The appointment of the Administrator, in that context, must be seen as akin to the appointment of a receiver in civil litigations and, accordingly, the role of the Administrator must be viewed as intended to preserve the properties and interests of the church for the benefit of the ultimate victor in the litigation.

¶141

Viewed thus, we are of the view that the management of the educational institutions under the Corporate Educational agency in question must ensure a continuity in the state of affairs that obtained at the time when the disputes between the various factions arose. While proceeding on those lines, however, we have to bear in mind that Rev.M.Mohanan, who was the Manager of the educational institutions at the time when the disputes arose, was already completing his second term as such, and as per the terms of the approved by-laws of the corporate educational agency could not continue for another term. We are of the view that on account of the peculiar circumstances presented in these cases, as also the interim arrangement put in place by the Madras High Court for management of the affairs of the church till such time as an election is conducted, that would put a quietus to the dispute among the rival factions, the continuance of Rev.M.Mohanan as

¶142

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶143

:-18-:

¶144

Manager of the educational institutions, subject to the supervision of the interim Administrator, would have more legitimacy than entrusting the management to a third person.

¶145

Accordingly, we direct that Rev.M.Mohanan be permitted to function as the Manager of the educational institutions under the corporate educational agency aforementioned for the period from 31.3.2020 till such time as the elections are conducted, as directed by the Madras High Court, and a new Manager elected in accordance with the by-laws. We make it clear that during the said period, the discharge of managerial functions by Rev.M.Mohanan will be subject to the overall supervision of the Administrator Mr.Justice D.Hariparanthaman appointed by the Madras High Court, and in the event of any difference of opinion arising between them, the views of the Administrator shall prevail. We direct the Director General of Education to approve the said arrangement in supersession of all earlier orders of approval granted pursuant to the directions of the learned single Judge, and thereafter issue instructions to all educational authorities under the State to recognise the said arrangement in relation to the management of the educational institutions under the corporate educational agency aforementioned. The Director of General Education shall pass orders on the

¶146

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶147

:-19-:

¶148

above lines within three weeks from the date of receipt of a copy of this judgment.

¶149

Taking note of the apprehension voiced by the learned counsel that it is possible that appointments have already been made to the posts of teaching and non-teaching staff in the various schools, and that there is a likelihood of back-dated appointments also being made, we make it clear that the educational authorities in the State shall grant approval only to such appointments as bear the signature and seal of both - Rev.M.Mohanan and the Administrator appointed by Madras High Court - on the appointment order, and if the candidate in question satisfies the eligibility requirements for the post in terms of the Kerala Education Act and Rules.

¶150

All pending interlocutory applications are closed.

¶151

Sd/-

¶152

A.K.JAYASANKARAN NAMBIAR JUDGE

¶153

Sd/-

¶154

MOHAMMED NIAS C.P. JUDGE

¶155

ami/

¶156

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶157

:-20-:

¶158

APPENDIX OF WA 1097/2021

¶159

APPELLANT'S ANNEXURE

¶160

Annexure A1 TRUE COPY OF THE ORDER OF ORDER DATED 18.8.2021 ISSUED BY THE 5TH RESPONDENT, APPOINTING DR.D.K.SATHEESH AS MANAGER.

¶161

Annexure A2 TRUE COPY OF THE ORDER OF ORDER DATED 1.9.2021 ISSUED BY DR.D.K.SATHEESH, PROMOTING SMT.MOBLE JOSEPH, UPST, LUTHERAN HSS, SOUTH ARYAD, AS HST OF THE SAME SCHOOL

¶162

Annexure A3 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.9.2021 ISSUED BY DR.D.K.SATHEESH, APPOINTING MR.PRAVEEN C.G., AS UPST.

¶163

Annexure A4 TRUE COPY OF THE REPRESENTATION DATED 14.9.2021 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE APPELLANT BEFORE THE 5TH RESPONDENT.

¶164

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶165

:-21-:

¶166

APPENDIX OF WA 1100/2021

¶167

APPELLANT'S ANNEXURE

¶168

Annexure A1 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS DATED 8.2.2021 IN A.NO.2727/2020 AND C.S.NO.741/2017 AND A.NO.911/2020 AND A. NO.8283/2019.

¶169

W.A.NOs.1097, 1100, 1143, 1146, 1165 and 1166 of 2021

¶170

:-22-:

¶171

APPENDIX OF WA 1166/2021

¶172

APPELLANT'S ANNEXURE

¶173

Annexure A TRUE COPY OF RESULT OF ELECTION HELD ON 25.7.2018 PUBLISHED BY ELECTION

¶174

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Justice D.Hariparanthaman (Retd) v. State of Kerala

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Justice D.Hariparanthaman (Retd) v. State of Kerala

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