Kerala High Court
K.Balakrishnan vs N.K.Jayakumar on 4 August, 2021
RSA No.730/2020 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Wednesday, the 4th day of August 2021 / 13th Sravana, 1943
IA.NO.2/2021 IN RSA NO. 730 OF 2020
OS 209/2013 OF THE PRINCIPAL MUNSIFF COURT,KANNUR
AS.26/2019 OF THE SUB COURT,KANNUR
PETITIONER/APPELLANT:
K.BALAKRISHNAN, S/O.GOPALAN, AGED 64 YEARS,RETIRED TEACHER, RESIDING
AT SOPANAM, PUTHIYAPARAMBA, P.O.VALAPATTANAM, KANNUR-670 010.
RESPONDENTS/RESPONDENTS:
1. N.K.JAYAKUMAR, S/O.KUMARAN, AGED 64 YEARS,N.K.HOUSE, PUTHIYATHERU,
P.O.CHIRAKKAL, KANNUR-670 011.
2. K.SANIL,S/O.SIVADASAN,AGED 56
YEARS,SREEHARI,P.O.RAMATHERU,KANNUR-670 004
3. M.RANJITH,S/O.NARAYANAN,AGED 56 YEARS,EDAYATH
HOUSE,P.O.RAMATHERU,KANNUR-670 004
4. DESHA SEVA SANGHAM,CHIRAKKAL,REP.BY ITS
PRESIDENT,N.SREEKUMAR,S/O.KUMARAN,RESIDING AT N.K.BROTHERS,CHIRAKKAL
AMSOM,DESOM,P.O.CHIRAKKAL,KANNUR-670 011.
5. N.SREEKUMAR,S/O.KUMARAN,AGED 61 YEARS,RESIDING AT
N.K.BROTHERS,CHIRAKKAL AMSOM,DESOM,P.O.CHIRAKKAL,KANNUR-670 011.
6. M.BHASKARAN, S/O.RAMAN, AGED 76 YEARS,RESIDING AT DEEPAM, ONAPARAMBA
ROAD, P.O.CHIRAKKAL, KANNUR-670 011.
7. N.SADANANDAN, S/O.NARAYANAN,AGED 70 YEARS, RESIDING AT AISHWARYA,
VALAPATTANAM, KANNUR-670 010.
8. K.SREENIVASAN, S/O.GOPALAN, AGED 88 YEARS, KAKKEN HOUSE,
VIDYADHIVARDHINI VAYANASALA, P.O.AZHEEKKODE SOUTH, KANNUR-670 011.
9. K.RAMACHANDRAN, S/O.GOPALAN MASTER, GOPAL NIVAS, NEAR PANCHAYATH
OFFICE, CHIRAKKAL, KANNUR-670 011.
10. K.DIVAKARAN, S/O.KANNAN, AGED 78 YEARS,N.K.HOUSE, P.O.CHIRAKKAL,
KANNUR-670 011.
11. K.K.SREESAN, S/O.SANKARAN, AGED 62 YEARS,SANKARAN VYDIAR KATA,
P.O.CHIRAKKAL, KANNUR-670 011.
12. K.K.SREEKANTH, S/O.KUMARAN, AGED 64 YEARS,HARIPURAM, PALLIKULAM,
P.O.CHIRAKKAL, KANNUR-670 011.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in filling up the 4 posts of teachers by making any fresh
appointment pending disposal of the RSA.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.K.P.DANDAPANI, Senior Advocate along with SRI. MILLU DANDAPANI,
SRI.ROY THOMAS (MUVATTUPUZHA), Advocates for the petitioner and of
SRI.R.SREEHARI, Advocate for Respondents 1 to 3, M/S. P.B.KRISHNAN, SABU
RSA No.730/2020 2/8
GEORGE, P.B.SUBRAMANYAN, MANU VYASAN PETER, Advocates for Respondents 4
and 5 and of SRI.MATHEW KURIAKOSE, Advocate for the Respondents 6 to 9,
the court passed the following:
RSA No.730/2020 3/8
N.ANIL KUMAR,J.
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I.A.NO.2 OF 2021 IN RSA NO.730/2020
-------------------------------
Dated this the 4th day of August,2021
ORDER
This appeal was admitted by this Court on
3.11.2020 on the following substantial questions
of law:-
i. "Whether the Sub Court, Kannur is justified in
invoking the law of limitation especially Section
21(1) and Article 58 of the Limitation Act in the
absence of specific pleading in the written statement
that the relief is hit by law of limitation?
ii. Whether the relief of withdrawal of the suit prayed in
I.A.No.5704/2014 in O.S.No.513/2013 can be
converted as a prayer for abandoning the suit by the
trial court to the prejudice of the plaintiff and in such
event whether it will act as an impediment in
prosecuting subsequent suit?"
On the very same day, this Court passed an order
in IA No. 2/2020 as under:-
"It is submitted by the learned counsel
for the appellant and the respondents 4 and 5
that the election of the Society has been
scheduled to 08.11.2020 by convening a
General Body meeting. As all arrangements
for the conduct of the election are over the
respondent No.5 is permitted to convene the
general body meeting as well the proposed
election on 08.11.2020 of respondent No.4,
Society. But the elected members of the
managing committee can take charge as the
RSA No.730/2020 4/8
R.S.A.No.730 of 2020
:-2-:
office bearers of the Society only after disposal
of I.A.No.2 of 2020 pending in this appeal.
It is made clear that till the newly elected
committee takes charge, the existing managing
committee will remain in administration of this
Society/Sangam."
2. It is alleged that the fifth respondent in
this I.A. is acting as the Manager of the school while
his appointment has not been approved by the
Department. According to the appellant, while so,
during the months of April-May,2021, four teachers
retired from service of the school and fifth
respondent is now taking urgent steps to fill up the
vacancies by new appointments. Hence, the
present application has been filed to stay all further
proceedings in filling up the four posts of teachers
by making any fresh appointment pending disposal
of this appeal.
3. The fifth respondent filed counter
contending that his appointment as Manager was
RSA No.730/2020 5/8
R.S.A.No.730 of 2020
:-3-:
approved by order No.K.Dis.848/99 dated
20.2.1999. That order was set aside by the AEO
through order No.C/262/2012 dated 17.07.2012.
Hence, he challenged that order in WP(C)
No.17207/2012 A. According to him, the writ
petition was allowed and he was permitted to
continue as Manager. Although the matter was
carried in appeal, the judgment was confirmed in
writ appeal as well. He also contended that
appointment orders have been issued to four
teachers Sri.Basil.T.H., Smt.Aswathi.K.P.,
Smt.Remya.B.C. and Smt.Rajitha Krishnan on
1.6.2021. He would state that those teachers have
joined duty and are conducting online classes as per
Covid protocol.
4. Heard Sri.K.P.Dandapani, the learned
Senior counsel for the appellant and
RSA No.730/2020 6/8
R.S.A.No.730 of 2020
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Sri.P.B.Krishnan, the learned counsel for
respondents 4 and 5.
5. In view of the order passed on
3.11.2020 in IA No.2/2020, it is clear that the
existing managing committee will remain in
administration of the Society/Sangam till the newly
elected committee takes charge. W.P(C)
No.17207/2012 was filed by the 5 th respondent
against the petitioner and the State challenging an
order passed by the Assistant Educational Officer
approving the transfer of management of Desaseva
U.P.School in favour of the petitioner in his capacity as
President of Desaseva Sangham from the date of order
till 31.1.2013. A learned Single Bench of this Court
allowed the writ petition on 11.3.2013. Consequently
Ext.P9 was set aside. The petitioner therein was
permitted to continue as Manager of the school
RSA No.730/2020 7/8
R.S.A.No.730 of 2020
:-5-:
in terms of Ext.P1 and the parties were directed to
approach the civil court for conducting the General
Body meeting of the society making it clear that the
AEO shall be bound by such decision of the civil
court. The petitioner challenged the judgment
before the Division Bench in W.A.No.628/2013
whereby the Division Bench dismissed the writ
appeal relegating the parties to the civil forum, if
they are so advised to resolve their disputes. In
view of the interim order issued by this Court as well
as the judgment of the Division Bench in
W.A.No.628/2013, this Court is of the view that the
application for stay against the Manager of a school
to defeat the rigor of Section 13 of the Kerala
Education Act,1958 is apparently unsustainable.
In the result, this I.A. stands allowed in
part, making it clear that the appointments made
RSA No.730/2020 8/8
R.S.A.No.730 of 2020
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during the pendency of this appeal between the
parties shall be subject to the outcome of this
appeal. In all other respects, the I.A. fails and is
dismissed accordingly.
Sd/-
N.ANIL KUMAR,
JUDGE
MBS/
Hand over the order.
04-08-2021 /True Copy/ Assistant Registrar
