Kerala High Court
C.Gopinathan vs The State Of Kerala on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.21104 OF 2010(K)
PETITIONERS:
C.GOPINATHAN,S/O.RAMAKRISHNA GUPTAN,
RESIDING AT CHUNDEKKAT HOUSE, PO, AZHIYANNUR,,
KADAMBAZHIPURAM, PALAKKAD DISTRICT.
BY ADVS.
SRI.P.S.APPU
SRI.C.A.ANOOP
SRI.JIBU P THOMAS
SRI.T.C.SURESH MENON
RESPONDENTS:
1 THE STATE OF KERALA
SECRETARY TO GENERAL EDUCATION(F) DEPARTMENT,, SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM.
3 THE DISTRICT EDUCATIONAL OFFICER
OTTAPALAM, PALAKKAD.
4 K.N.RAVICHANDRAN HIGH COURT ASSISTANT
HIGHER SECONDARY SCHOOL, KADAMBAZHIPURAM,
PALAKKAD DISTRICT-679 515.
BY ADV. SRI.BENNY ANTONY PAREL
BY ADV. SRI.SAIBY JOSE KIDANGOOR
OTHER PRESENT:
SRI P M MANOJ - SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021,
ALONG WITH WP(C).21904/2010(K), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.21104 & 21904 OF 2010(K)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.21904 OF 2010
PETITIONER:
CHANDRA MOHAN, AGED 52 YEARS,
S/O.LATE RAMAKRISHNA GUPTAN, CHOODEKKATTU HOUSE,,
AZHIYANOOR (P.O), KADAMPAZHIPURAM, PALAKKAD, DISTRICT.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.K.RAVI (PARIYARATH)
RESPONDENTS:
1 THE STATE OF KERALA
THE SECRETARY TO THE GOVERNMENT,, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 1.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM - 1.
3 THE DISTRICT EDUCATIONAL OFFICER
OTTAPALAM, PALAKKAD.
4 K.N.RAVICHANDRAN HIGH SCHOOL ASSISTANT
HIGHER SECONDARY SCHOOL, KADAMPAZHIPURAM,, PALAKKAD
DISTRICT - 678 633.
5 C.GOPINATHAN
S/O.LATE RAMAKRISHNA GUPTAN CHOODEKKATTU HOUSE,,
AZHIYANNOOR (P.O) KADAMPAZHIPURAM,
PALAKKAD DISTRICT - 678 633.
BY ADV. SRI.P.S.APPU
BY ADV. SRI.C.A.ANOOP
BY ADV. SRI.V.CHITAMBARESH SR.
BY ADV. SRI.T.C.SURESH MENON
BY ADV. SRI.K.E.HAMZA
BY ADV. SRI.JIBU P THOMAS
BY ADV. SRI.V.A.MUHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021,
ALONG WITH WP(C).21104/2010(K), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.21104 & 21904 OF 2010(K)
3
JUDGMENT
The learned Senior Government Pleader submits that on
account of certain developments pending this lis, and in
particular, the directions in a connected matter, namely W.P.
(C)No.8971/2011; pursuant to which, Government issued an
order dated 18.08.2011; nothing survives in these writ
petitions.
2. I notice that the interim order referred to by the
learned Government Pleader is to the following effect:
"It is submitted that even though the
proposal for approval is pending before the
District Educational Officer, in the light of
the interim order passed by this Court in
W.P.(C)No.21904/2010, the District
Educational Officer is not passing any order.
2. Heard parties.
3. The question is whether the
appointment of the petitioners in W.P.
(C)NO.8971/2011 is liable to be approved.
The learned counsel appearing for the
petitioner in W.P.(C)No.21904/2010 and the
learned counsel appearing for the petitioner
in W.P(C)No.21104/2010, submitted that the
approval of the Managership was improper,
whereas the learned Senior Counsel
appearing for the 4th respondent both in
W.P.(C)No.21904/2010 and in W.P.
(C)No.21104/2010 submitted that the
appointment of the Manager is valid and the
approval order is perfectly justified.
Whether the appointments have been done
properly or not is the question that has to be
considered by the District Educational
Officer and appropriate decision will be
WP(C).Nos.21104 & 21904 OF 2010(K)
taken in the matter after hearing all the
parties, including the petitioners in W.P.
(C)No.8971/2011 in W.P.(C)Nos.21104/10
and W.P.(C)No.21904/10 within six weeks.
The petitioner in W.P.(C)No.8971/2011 will
produce a copy of this order before the 3rd
respondent - District Educational Officer for
compliance."
Taking note of the afore submissions and recording them,
I close these writ petitions without any further orders.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).Nos.21104 & 21904 OF 2010(K)
APPENDIX OF WP(C) 21104/2010
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR TRANSFER OF
MANAGEMENT DATED 24.06.2006.
EXHIBIT P2 TRUE COPY OF THE COVERING LETTER ENCLOSING THE
CONSENT OF THE OTHER LEGAL HEIRS DATED
24.06.2006.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE FIRST
RESPONDENT DATED 09.02.2007.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.7244/2007
ON THE FILE OF THIS HONOURABLE COURT DATED
21.01.2010.
EXHIBIT P5 TRUE COPY OF THE NOTICE OF HEARING DATED
05.04.2010.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE FIRST
RESPONDENT DATED 10.06.2010.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE ADOPTION DEED DATED 25.05.1979.
EXHIBIT R4(B) TRUE COPY OF THE WILL DATED 20.01.2000.
EXHIBIT R4(C) TRUE COPY OF THE SALE DEED NO.824/58 DATED
02.07.1958.
EXHIBIT R4(D) TRUE COPY OF THE O.S.NO.165/2005 BEFORE THE SUB
COURT, OTTAPPALAM.
EXHIBIT R4(E) TRUE COPY OF THE ORDER NO.K.DIS.B2/2307/10 DATED
28.06.2010.
EXHIBIT R4(F) TRUE COPY OF THE JUDGMENT IN W.A.NO.1065/08 DATED
03.02.2009 BEFORE THIS HON'BLE COURT.
WP(C).Nos.21104 & 21904 OF 2010(K)
APPENDIX OF WP(C) 21904/2010
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN W.P(C)NO.7244/07
DATED 21.01.2010.
EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT DATED 10.06.2010.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE ADOPTION DEED DATED 25.05.1979.
EXHIBIT R4(B) TRUE COPY OF THE WILL DATED 20.01.2000.
EXHIBIT R4(C) TRUE COPY OF THE DOCUMENT(S.NO.1170/08) DATED
23.07.1133(ME)
EXHIBIT R4(D) TRUE COPY OF THE O.S.NO.165 OF 2005 FILED BEFORE
THE SUB COURT, OTTAPALAM DATED 05.12.2005.
EXHIBIT R4(E) TRUE COPY OF THE ORDER NO.K.DIS.B2/2307/10 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 28.06.2010.
EXHIBIT R4(F) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN W.A.NO.1065 OF 2008 DATED 03.02.2009.
EXHIBIT R4(G) TRUE COPY OF THE APPOINTMENT ORDER DATED NIL.
EXHIBIT R4(H) TRUE COPY OF THE ORDER NO.15793/F2/10/G.EDN. OF
THE GOVERNMENT DATED 05.04.2010.
EXHIBIT R4(I) TRUE COPY OF THE LETTER OF THE DEO DATED
26.07.2010.
EXHIBIT R4(J) TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT
DATED 22.07.2010.
