IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 15th day of July 2022 / 24th Ashadha, 1944
WA NO. 805 OF 2022
AGAINST JUDGMENT DATED 30.05.2022 IN WP(C) 13327/2021 OF THIS COURT
APPELLANT:/1ST PETITIONER
RANI KRISHNA K.B, W/O.PADMA GIRISH, RESIDING AT KRISHNANJANAM,
KUNNICODE P.O., KOLLAM DISTRICT
BY ADVS.M/S.DR.GEORGE ABRAHAM AND JOSEPH GOPURAN
RESPONDENT:/PETITIONERS 2 & 3 & RESPONDENTS
1. LEKSHMI KRISHNA.K.B AGED 35 YEARS , W/O.DR.A.R.SMITH KUMAR, AREEKKAL
PARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O., KOTTARAKKARA,
KOLLAM DISTRICT.
2. DR.A.R.SMITH KUMAR, AGED 41 YEARS S/O.P.RAMAKRISHNA PILLAI, AREEKKAL
PARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O., KOTTARAKKARA,
KOLLAM DISTRICT.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT-695 014.
5. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, OFFICE AT 20, GOVT. BHSS
CAMPUS, THEVALLY, KOLLAM-691 009.
6. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, NEAR POLICE STATION,
KOTTARAKKARA, KOLLAM DISTRICT-691 506.
7. GOWTHAM KRISHNA, RESIDING AT KRISHNAVILASAM BUNGLOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT-691 507
8. DR.M.R.BINDU, RESIDING AT KRISHNAVILASAM BUNGLOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT-691 507
9. THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695
014
BY ADV.VIPIN VARGHESE FOR R1 & R2
SENIOR GOVERNMENT PLEADER FOR R3 TO R6 & R9
ADV.SRI.ASHIK K.MOHAMED ALI FOR R7 & R8
This Writ Appeal again coming on for orders along with connected
case on 15.07.2022 upon perusing the appeal memorandum and this court's
order dated 01.07.2022, the court on the same day passed the following:
ALEXANDER THOMAS & MURALI PURUSHOTHAMAN, JJ.
================================================
C.M. Application No.1 of 2022 in
Writ Appeal No.892 of 2022
[arising out of impugned judgment dated 30.05.2022 in W.P.(C) No.17534 of 2022
C.M. Application No.1 of 2022 in
Writ Appeal No.893 of 2022
[arising out of impugned judgment dated 30.05.2022 in W.P (C) No.13327 of 2021]
Writ Appeal No.804 of 2022
[arising out of impugned judgment dated 30.05.2022 in W.P.(C) No.17534 of 2022
&
Writ Appeal No.805 of 2022
[arising out of impugned judgment dated 30.05.2022 in W.P.(C) No.13327 of 2021
================================================
Dated this the 15th day of July, 2022
ORDER
ALEXANDER THOMAS, J.
C.M. Application No.1 of 2022 in Writ Appeal No.892 of 2022 & C.M. Application No.1 of 2022 Writ Appeal No.893 of 2022 Heard both sides.
2. The afore former application is one to condone the delay of twelve days in filing the Writ Appeal No.892 of 2022 whereas the latter application is one to condone the delay of twelve days in filing C.M A No.1 of 2022 in W.A No.892 of 2022 & C.M. A No.1 of 2022 in W. A No.893 of 2022 & W. A Nos.804, 805, 892 & 893 of 2022 2 Writ Appeal No.893 of 2022.
3. Having heard both sides and after taking note of the facts and circumstances of the case disclosed in the affidavit filed in support of this C.M. Application, we are of the view that the delay of twelve days to be condoned in these two appeals. Accordingly, it is ordered that the delay in filing these Writ Appeals as above will stand condoned.
The C.M. Applications stands accordingly disposed of. Writ Appeal Nos.804, 805, 892 & 893 of 2022 Sri.Vipin Varghese, the learned counsel submits that steps have been taken by him to file vakalth on behalf of respondents 8 and 9 as well as respondents 1 and 2 in Writ Appeal No.805 of 2022, for respondents 7 and 8 in writ Appeal No.892 of 2022 as well as for respondents 2 and 3 in Writ Appeal No.893 of 2022 and that the previous counsel Sri.Joby D.Joseph learned Advocate has given his no objection. It appears that the two parties represented by Sri.Vipin Varghese, the learned Advocate are Smt.K.B.Lekshmi Krishna and Dr.A.R.Smith Kumar.
C.M A No.1 of 2022 in W.A No.892 of 2022 & C.M. A No.1 of 2022 in W. A No.893 of 2022 & W. A Nos.804, 805, 892 & 893 of 2022 3
2. The Registry will show the name of Sri.Vipin Varghese learned Advocate for the abovesaid parties in the cause list.
3. Learned Advocates appearing for all the parties concerned, Dr.George Abraham, Sri.Ashik K.Mohamed Ali and Sri.Vipin Varghese would submit on the basis of instructions from the respective parties that since these parties are close family relatives, this Court may refer these parties for mediation through the Mediation Centre, Ernakulam attached to this Court. Further, they would submit all these parties concerned would personally appear before the Nodal Officer of the Mediation Centre attached to this Court at 10.15 am on 19.07.2022 (Tuesday).
4. In view of the submission it is ordered that all the private parties concerned in these appeals i.e., parties other than the official respondents will personally appear before the Nodal Officer of the Mediation Centre, Ernakulam attached to this Court at 10.00 a.m on 19.07.2022, upon which, the Mediation Centre will refer these parties to a Senior and experienced Mediator. Since the case involves the functioning of the Corporate Educational C.M A No.1 of 2022 in W.A No.892 of 2022 & C.M. A No.1 of 2022 in W. A No.893 of 2022 & W. A Nos.804, 805, 892 & 893 of 2022 4 Agency/Managing Committee of an aided School, the Mediation Process will have to be expedited. Hence, the Mediation Centre may endeavor to ensure the mediation process is completed within two weeks also, if it is feasible.
5. The interim order dated 01.07.2022 in Writ Appeal Nos.804 & 805 of 2022 will be applicable in Writ Appeal Nos.892 & 893 of 2022. The interim order granted by this Court on 01.07.2022 in Writ Appeal Nos.804 & 805 of 2022 will stand extended by a further period of one month, which will be applicable in all these four appeals.
6. The learned Senior Government Pleader would submit that the respondent DEO has already taken steps to give access to the software portal to the department by providing user name and password to Sri.Gautam Krishna (1st appellant in Writ Appeal Nos.892 and 893 of 2022) in order to ensure that he would function as the Adhoc Manager in strict compliance of the directions by this Court in interim order dated 01.07.2022.
7. Dr.Geroge Abraham learned Advocate appearing for the C.M A No.1 of 2022 in W.A No.892 of 2022 & C.M. A No.1 of 2022 in W. A No.893 of 2022 & W. A Nos.804, 805, 892 & 893 of 2022 5 other side would point out that it is apprehended that Sri.Gautam Krishna may take steps to issue appointment orders, without the concurrence and approval of the other Managing Committee members for approval by the departmental Authorities by using this software portal.
8. Sri.Ashik K.Mohamed Ali learned counsel appearing for the appellants in Writ Appeal Nos.892 and 893 of 2022 would submit on the basis of instructions that his abovesaid parties including Sri.Gautam Krishna would undertake that they will not submit any proposal for approval of the appointments in the aided school concerned to the department Authorities without permission of this Court and without the full involvement and participation of all the three members of the Managing Committee/Corporate Educational Agency. Further, the learned Advocate appearing for the above appellants in Writ Appeal Nos.892 and 893 of 2022 would submit that the Contempt of Court Case has filed as Cont.Case (Civil) No.1093 of 2022 (arising out of W.P.(C) No.13327 of 2021) which is now pending before the C.M A No.1 of 2022 in W.A No.892 of 2022 & C.M. A No.1 of 2022 in W. A No.893 of 2022 & W. A Nos.804, 805, 892 & 893 of 2022 6 learned single Judge will not be pressed by him and steps will be taken to ensure that the same is closed as not pressed and that this is being done to ensure that an amiable situation is created for ensuring smooth mediation process.
9. The main matter in the first two appeals namely Writ Appeal Nos.804 and 805 of 2022 have been partly heard by this Court on previous occasion. So all these cases will be treated as part heard.
List all these cases on 10.08.2022.
H/o to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
MURALI PURUSHOTHAMAN, JUDGE SPR 15-07-2022 /True Copy/ Assistant Registrar