M.V.Padmavathi Amma vs The State Of Kerala
2021 Latest Caselaw 3875 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                   WP(C).No.2744 OF 2021(P)


PETITIONERS :-

      1     M.V.PADMAVATHI AMMA, AGED 72 YEARS
            D/O.M.V.MADHAVI AMMA, SREENILAYAM,
            PARAKKADAVU P.O., ANCHAMPEEDIKA,
            KANNUR DISTRICT-670 331.

      2     M.V.GOURI AMMA, AGED 69 YEARS
            D/O.M.V.MADHAVI AMMA, MARUTHIYOTTU HOUSE, MANGAD,
            P.O.KALYASERI, KANNUR DISTRICT-670 562.

      3     M.V.RAJAN, AGED 67 YEARS
            S/O.M.V.MADHAVI AMMA, MARUTHIYOTTU HOUSE, MANGAD,
            P.O.KALYASERI, KANNUR DISTRICT-670 562.

      4     M.V.GIRIJA, AGED 58 YEARS
            D/O.M.V.MADHAVI AMMA, MARUTHIYOTTU HOUSE, MANGAD,
            P.O.KALYASERI, KANNUR DISTRICT-670 562.

            BY ADVS.
            SRI.K.C.SANTHOSHKUMAR
            SMT.K.K.CHANDRALEKHA
            SMT.ANUPAMA JOHNY
            SMT.P.MAYA
            SMT.K.S.SUDHA

RESPONDENTS :-

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

      2     THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM - 695 014.

      3     THE DEPUTY DIRECTOR OF EDUCATION,
            KANNUR - 670 001.

      4     THE DISTRICT EDUCATIONAL OFFICER,.
            THALASSERY, KANNUR DISTRICT - 670 102.
 WP(C).No.2744 OF 2021(P)

                              -: 2 :-


       5      THE ASSISTANT EDUCATIONAL OFFICER,
              PAPPINISSERY, KANNUR DISTRICT - 670 561.

       6      GOPALAKRISHNAN.M., AGED 76 YEARS
              S/O.M.V.MADHAVI AMMA, MARUTHIYOTTU HOUSE,
              P.O.AROLI, (VIA) PAPPINISSERY,
              KANNUR DISTRICT - 670 561.

              BY SRI.R.RAJASEKHARAN NAIR,SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2744 OF 2021(P)

                                           -: 3 :-


                                        JUDGMENT

Dated this the 3rd day of February, 2021

This writ petition is filed seeking the following reliefs :-

"(i) issue a writ of mandamus or other appropriate writ, order or direction to the respondent Nos.1 to 5 to take immediate and necessary steps to appoint the 1st petitioner as a provisional Manager of the Managad Lower Primary School till a regular manager is appointed through the consensus among the legal heirs of deceased Madhavi Amma or through the intervention of a competent Civil Court as sought for vide Exts.P8 and P9 requests.

Or in the alternative

(ii) Issue a writ of mandamus or other appropriate writ, order or direction to the respondent No.2 to take up, consider and pass appropriate orders on Ext.P8 representation as expeditiously as possible or within a time frame to be stipulated by this Honourable Court."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are the four out of five children of

Smt.M.V.Madhavi Amma, who was the Manager of the Mangad L.P.

School in Kannur District. It is submitted that Madhavi Amma passed

away on 31.3.2008. An application was submitted for approving the

1st petitioner as Manager of the school. However, on the ground that

one of the legal heirs of Madhavi Amma, that is, the 6 th respondent WP(C).No.2744 OF 2021(P)

has not agreed for the proposal, the proposal is pending with the

AEO. It is submitted that the AEO is now functioning as the Manager

of the school. The petitioners have preferred Ext.P8 representation

before the 2nd respondent seeking the appointment of the 1 st

petitioner as provisional Manager until the issue between the legal

heirs is resolved and a Manager is appointed through consensus.

Having considered the contentions advanced on either

side, I am of the opinion that Ext.P8 representation preferred by the

petitioners before the 2nd respondent is liable to be considered in

accordance with law. There will, accordingly, be a direction to the 2 nd

respondent to take up and consider Ext.P8 representation, with notice

to the petitioners as well as the 6 th respondent and pass appropriate

orders thereon, after hearing them through any appropriate means,

including video conferencing, within a period of three months from

the date of receipt of a copy of this judgment. The petitioners shall

produce a copy of the writ petition along with a copy of this judgment

before the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/9.2.2021 WP(C).No.2744 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF SMT.MADHAVI AMMA ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF PALLIKKUNNU GRAMA PANCHAYATH.

EXHIBIT P2 TRUE COPY OF THE LEGAL HEIR CERTIFICATE DATED 04.06.2018 ISSUED BY THE TAHSILDAR, KANNUR.

EXHIBIT P3 TRUE COPY OF ORDER BEARING NO.G(4)/7029/2018/DPI/K.DIS DATED 04.04.2018 ISSUED BY THE OFFICE OF 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 26.09.2019 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 19.10.2019 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 02.11.2019 ALONG WITH THE COPY OF THE APPROVED BYE-LAW SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 14.11.2019 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 24.02.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 24.02.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE RESPONDENTS NO.1.

EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE RESPONDENTS NO.2.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 24.02.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT.