C.Jagannath vs The State Of Kerala
2022 Latest Caselaw 3903 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                      WP(C) NO. 21057 OF 2018
PETITIONER:

            C.JAGANNATH
            AGED 64 YEARS
            AGED 64 YEARS,S/O.KODOTH KARUNAKARAN NAIR,KODOTH
            HOUSE, PANAYAL P.O.,BEKAL FORT, KASARAGOD 671 318.
            BY ADVS.
            SRI.T.SETHUMADHAVAN (SR.)
            SMT.DEEPA NARAYANAN

RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY,GENERAL
            EDUCATION (F) DEPARTMENT, GOVERNMENT OF
            KERALA,GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
    2       THE DIRECTOR OF PUBLIC INSTRUCTION
            OFFICE OF D.P.I., THIRUVANANTHAPURAM-695001.
    3       THE ASSISTANT EDUCATIONAL OFFICER
            BEKAL, KASARAGOD-671121
    4       KODOTH KUNHIKRISHNAN NAIR
            KODOTH HOUSE, PANAYAL P.O.,BEKAL FORT,
            KASARAGOD - 671 318.
    5       THE DISTRICT EDUCATIONAL OFFICER
            KANHANGAD-671318
            BY ADVS.SRI. JIMMY GEORGE, GP
            SRI.M.V.AMARESAN
            SRI.PHILJO VARUGHESE PHILIPS


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.04.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.21057/2018

                                     2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.21057 of 2018
              ----------------------------------------------
             Dated this the 05th day of April, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts. P4, P6 and P10 orders and to quash the same.

ii. To declare that the petitioner is entitled to function as the Manager of Panayal Sree Mahalingeshwara Aided U.P. School, Panayal, Kasaragod district in terms of Ext. P3 partition deed and P11 judgment.

iii. To grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. When the writ petition came up for consideration,

the learned Senior Counsel Sri. T.Sethumadhavan, as

instructed by Smt.Preeti submitted that the dispute between

the parties relating to the management of the school has been

settled and they have executed registered Trust Deed W.P.(C).No.21057/2018

No.54/IV/2022 of SRO, Uduma on 10.03.2022. The trust deed

provides for the management of the school in future.

Therefore, the Senior Counsel submitted that there can be a

direction to the 5th respondent to consider the trust deed and

take appropriate steps in accordance to law.

Therefore, this writ petition is disposed of recording the

submission that the matter is settled and further, there will be

a direction to the 5th respondent to do the needful in

accordance with law based on the trust Deed No.54/IV/2022 of

SRO, Uduma dated 10.03.2022, as expeditiously as possible, at

any rate, within a period of two months from the date of

receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.21057/2018

APPENDIX OF WP(C) 21057/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER SUBMITTED BY LATE CHINDAN NAIR TO THE DISTRICT EDUCATIONAL OFFICER, KANNUR. EXHIBIT P2 TRUE COPY OF PROCEEDINGS OF 3RD RESPONDENT NO.D-412/61 DT. 01/08/1962 EXHIBIT P3 TRUE COPY OF THE PARTITION DEED DATED 5/9/1963 EXHIBIT P4 TRUE COPY OF THE ORDER OF THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION DATED 13/01/2015 EXHIBIT P5 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 20/02/2016 EXHIBIT P7 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14/6/2016 EXHIBIT P8 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26/11/2016 EXHIBIT P9 TRUE COPY OF JUDGMENT IN WPC NO.23259/2017 DATED 21/7/2017 EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 2/2/2018 EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN OS.

NO.45/1999 ON THE FILE OF THE MUNSIFF COURT, HOSDURG RESPONDENT EXHIBITS EXHIBIT R4A TRUE COPY OF REGISTERED POWER OF ATTORNEY BEARING DOCUMENT NO.63 OF 1962 DATED 30-03-1962.

EXHIBIT R4B TRUE COPY OF PLAINT IN O.S.NO.45/99 FILED BEFORE THE COURT OF THE MUNSIFF OF HOSDURG.

EXHIBIT R4C TRUE COPY OF WRITTEN STATEMENT FILED BY PETITIONER'S FATHER/DEFENDANT NO.7 IN O.S.NO.45/99 BEFORE THE COURT OF THE MUNSIFF OF HOSDURG.

W.P.(C).No.21057/2018

EXHIBIT R4(d) TRUE COPY OF DEPOSITION OF DW1 KARUNAKARAN NAIR OBTAINED FROM HON'BLE SUB COURT, HOSDURG IN O.S.97/1992 DATED 15/10/1994