Kerala High Court
Sayyid Hashim K.V.K vs State Of Kerala on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.687 OF 2021
PETITIONER :-
SAYYID HASHIM K.V.K, AGED 46 YEARS
S/O. LATE SAYYID SALIH POOKOYA THANGAL,
SAYYID MANZIL, P.O.KURUVA, MAKKARAPARAMBU,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.JAYARAM
SRI.GIGI PAPPACHAN
SRI.SARATH CHANDRAN K.B.
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR,
GENERAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, MALAPPURAM - 676 505.
4 THE DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM - 676 505.
5 SAYYID HAMEED ALI K.V.K., AGED 52 YEARS
S/O.LATE SAYYID SALIH POOKOYA THANGAL,
DHARUL SALAM HOUSE, CHERUKULAMBA, VATTALUR P.O.,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT,
PIN - 676 507.
6 MARIYAM BEEVI, AGED 55 YEARS
D/O.LATE SAYYID SALIH POOKOYA THANGAL,
KAPPAT VALIYAKATH, KATTUNGAL, SAYYID MANZIL,
KURUVA, MAKKARAPARAMBA P.O.,
PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 676 507.
WP(C).No.687 OF 2021
-: 2 :-
7 SAINABA BEEVI K.V.K., AGED 48 YEARS
D/O.LATE SAYYID SALIH POOKOYA THANGAL,
KAPPAT VALIYAKATH, KATTUNGAL, SAYYID MANZIL,
KURUVA, MAKKARAPARAMBA P.O., PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 676 507.
8 SHEREEFA BEEVI, AGED 44 YEARS
D/O.LATE SAYYID SALIH POOKOYA THANGAL,
KAPPAT VALIYAKATH, KATTUNGAL, SAYYID MANZIL,
KURUVA, MAKKARAPARAMBA P.O., PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 676 507.
9 SHADIYA BEEVI, AGED 40 YEARS
D/O.LATE SAYYID SALIH POOKOYA THANGAL,
KAPPAT VALIYAKATH, KATTUNGAL, SAYYID MANZIL,
KURUVA, MAKKARAPARAMBA P.O., PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 676 507.
BY SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.687 OF 2021
-: 3 :-
JUDGMENT
Dated this the 11th day of January 2021
This writ petition is filed seeking the following reliefs :-
"i) Declare that the petitioner is legally entitled to be the
manager of the I.K.T Higher Secondary School,
Cherukulambu as the majority share holder in view of
Exhibit P13 release deed and the pendency of Exhibit P10,
P11 & P12 suits.
ii) Issue a writ of certiorari or other appropriate writ, direction
or order quashing Exhibit P1 order.
iii) Issue a writ of certiorari or other appropriate writ, direction
or order quashing Exhibit P3 order."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. Having considered the contentions advanced, I am of the
opinion that the declaratory relief as sought for in the writ petition
cannot be granted for the simple reason that civil suits are pending
with regard to the right of ownership of the school before the
competent civil courts. The only surviving prayer is with regard to
Exts.P1 and P3 orders. Ext.P1 is an order passed after considering
the issue with regard to the right of managership by the 2 nd
respondent. I am of the opinion that if the petitioner is aggrieved by
the findings in Ext.P1, it is for the petitioner to take up the matter
before the 1st respondent since the findings are with regard to factual
aspects. The contention of the petitioner that the pendency of the
WP(C).No.687 OF 2021
civil suits should be considered while deciding the question of
managership is also liable to be considered by the 1 st respondent in
accordance with law.
There will, accordingly, be a direction that in case the
petitioner approaches the 1st respondent as against Ext.P1, the
representation preferred by the petitioner shall be considered with
notice to all concerned by the Government, without delay.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/11.1.2021
WP(C).No.687 OF 2021
APPENDIX
PETITIONER'S EXHIBITS :-
EXT.P1 :- TRUE COPY OF THE ORDER No.E.M(2)/6988/2020/K.DIS/D.G.E
DATED 09/12/2020 ISSUED BY THE DIRECTOR, GENERAL EDUCATION MAINTAINING
THE MANAGERSHIP OF 7TH RESPONDENT, SAINABA BEEVI, AT I.K.T. HIGHER
SECONDARY SCHOOL, CHERUKULAMBU.
EXT.P2 :- TRUE COPY OF THE ORDER No.G(2)/158940/2019/D.G.E/K.DIS
DATED 12/03/2020 ISSUED BY THE ADDL.DIRECTOR, GENERAL EDUCATION,
ENTRUSTING THE MANAGEMENT OF K.S.K.M U.P SCHOOL, CHERUKULAMBU TO THE
ASSISTANT EDUCATIONAL OFFICER, MANKADA IN THE WAKE OF CIVIL LITIGATION
WITH RESPECT TO SCHOOL PROPERTY AMONGST THE PETITIONER AND RESPONDENTS
HEREIN.
EXT.P3 :- TRUE COPY OF THE ORDER No.K.DISB4/7759/2015 DATED
07/05/2018 ISSUED BY THE DISTRICT EDUCATION OFFICER, MALAPURAM
APPOINTING THE 7TH RESPONDENT HEREIN, SAINABA BEEVI, AS THE MANAGER OF
I.K.T. HIGHER SECONDARY SCHOOL, CHERUKULAMBU.
EXT.P4 :- TRUE COPY OF THE ORDER No.B2/29707/2016 DATED
06/07/2017 ISSUED BY DEPUTY DIRECTOR OF EDUCATION, MALAPURAM
ENTRUSTING THE MANAGEMENT OF THE I.K.T HIGHER SECONDARY SCHOOL,
CHERUKULAMBU TO DISTRICT EDUCATION OFFICER, MALAPURAM IN THE WAKE OF
PENDENCY OF O.S.No.66/2017, ON THE FILES OF MUNSIFF COURT,
PERINTHALMANNA AMONG THE PETITIONER AND RESPONDENTS HEREIN.
EXT.P5 :- TRUE COPY OF THE JUDGMENT DATED 17/07/2020 IN W.P.
(C)No.14492/2020, HIGH COURT OF KERALA.
EXT.P6 :- TRUE COPY OF THE ORDER DATED 22/09/2020 IN
R.P.No.574/2020, HIGH COURT OF KERALA.
EXT.P7 :- TRUE COPY OF THE JUDGMENT DATED 14/07/2020 IN W.P.(C)
No.13953/2020, HIGH COURT OF KERALA.
EXT.P8 :- TRUE COPY OF THE ORDER DATED 22/09/2020 IN
R.P.No.603/2020, HIGH COURT OF KERALA.
EXT.P9 :- TRUE COPY OF THE JUDGMENT DATED 18/12/2020 IN W.P.(C)
No.21840/2020, HIGH COURT OF KERALA.
EXT.P10 :- TRUE COPY OF THE PLAINT O.S.No.31/2018 ON THE FILES OF
SUB COURT, MANJERI SUBMITTED BY THE PETITIONER AGAINST THE 7TH
RESPONDENT HEREIN, SAINABA BEEVI, SEEKING SPECIFIC PERFORMANCE OF
CONTRACT ENTERED INTO BETWEEN THE PETITIONER AND THE 7TH RESPONDENT
WITH RESPECT TO HER SHARE IN THE I.K.T HIGHER SECONDARY SCHOOL,
CHERUKULAMBU, HIGH SCHOOL, PROPERTY APPURTENANT AND THE CHATTELS
INCLUDING SCHOOL BUSES ETC.
WP(C).No.687 OF 2021
EXT.P11 :- TRUE COPY OF THE PLAINT O.S.No.58/2020 ON THE FILES OF
SUB COURT, MANJERI SUBMITTED BY THE PETITIONER AGAINST THE 9TH
RESPONDENT HEREIN, SHADIYA BEEVI, SEEKING SPECIFIC PERFORMANCE OF
CONTRACT ENTERED INTO BETWEEN THE PETITIONER AND THE 9TH RESPONDENT
WITH RESPECT TO HER SHARE IN THE I.K.T HIGHER SECONDARY SCHOOL,
CHERUKULAMBU, HIGH SCHOOL, PROPERTY APPURTENANT AND THE CHATTELS
INCLUDING SCHOOL BUSES ETC.
EXT.P12 :- TRUE COPY OF THE PLAINT O.S.No.66/2020 ON THE FILES OF
SUB COURT, MANJERI SUBMITTED BY THE PETITIONER AGAINST THE 6TH
RESPONDENT HEREIN, MARIYAM BEEVI, SEEKING SPECIFIC PERFORMANCE OF
CONTRACT ENTERED INTO BETWEEN THE PETITIONER AND THE 6TH RESPONDENT
WITH RESPECT TO HER SHARE IN THE I.K.T HIGHER SECONDARY SCHOOL,
CHERUKULAMBU, HIGH SCHOOL, PROPERTY APPURTENANT AND THE CHATTELS
INCLUDING SCHOOL BUSES ETC.
EXT.P13 :- TRUE COPY OF THE RELINQUISHMENT DEED No.2474/2018,
S.R.O. MALAPPURAM, WHEREIN, PETITIONER'S MOTHER RELINQUISHED HER
RIGHTS OVER THE I.K.T H.S.S., CHERUKULAMBU IN FAVOUR OF THE
PETITIONER.
EXT.P14 :- TRUE COPY OF THE COMPLAINT DATED 04/08/2020 SENT BY THE
PETITIONER TO THE DIRECTOR, GENERAL EDUCATION, THIRUVANANTHAPURAM
AIRING HIS GRIEVANCE IN THE MISMANAGEMENT AND CORRUPTION TAKING PLACE
AT I.K.T HIGHER SECONDARY SCHOOL, CHERUKULAMBU.
EXT.P15 :- TRUE COPY OF THE LETTER DATED 02/12/2020 ISSUED BY THE
SECRETARY, GENERAL EDUCATION DIRECTING ENQUIRY BY THE VIGILANCE AT
GENERAL EDUCATION DIRECTORATE ON THE COMPLAINT OF THE PETITIONER
AGAINST THE MANAGEMENT AT I.K.T HIGHER SECONDARY SCHOOL.
RESPONDENT'S EXHIBITS :- NIL
//TRUE COPY//
P.A. TO JUDGE
