Rani Krishna K.B vs Gautam Krishna
2022 Latest Caselaw 8138 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
           Friday, the 1st day of July 2022 / 10th Ashadha, 1944
                             WA NO. 804 OF 2022

    AGAINST JUDGMENT DATED 30.05.2022 IN WP(C) 17534/2022 OF THIS COURT

APPELLANT/6TH RESPONDENT:

     RANI KRISHNA K.B., W/O. PADMA GIRISH, RESIDING AT KRISHNANJANAM,
     KUNNICODE P.O., KOLLAM DISTRICT - 691 508.

     BY ADVS.M/S.DR.GEORGE ABRAHAM & JOSEPH GOPURAN

RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 5, 7 & 8:

  1. GAUTAM KRISHNA , AGED 23 YEARS, S/O. LATE K.B. RADHAKRISHNAN,
     RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR P.O., KOTTARAKKARA,
     KOLLAM DISTRICT - 691 507.
  2. DR. M.R. BINDU, RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR P.O.,
     KOTTARAKKARA, KOLLAM DISTRICT - 691 507.
  3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL
     EDUCATION (F) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX -II,
     THIRUVANANTHAPURAM - 695 001.
  4. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL
     EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695 014.
  5. THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR
     OF GENERAL EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695
     014.
  6. THE DEPUTY DIRECTOR OF EDUCATION, GOVERNMENT BHSS CAMPUS, THEVALLY,
     KOLLAM - 691 009.
  7. DISTRICT EDUCATIONAL OFFICER, NEAR KOTTARAKKARA POLICE STATION,
     KOTTARAKKARA - 691 506.
  8. LEKSHMI KRISHNA K.B., AGED 35 YEARS, W/O. DR. A.R.SMITH KUMAR,
     AREEKKAL KARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
     KOTTARAKKARA, KOLLAM DISTRICT - 691 520.
  9. DR. A.R. SMITH KUMAR, AGED 41 YEARS, S/O. P.RAMAKRISHNA PILLAI,
     AREEKKAL PARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
     KOTTARAKKARA, KOLLAM DISTRICT - 691 520.

BY ADV.SRI.ASHIK K.MOHAMMED ALI FOR R1 & R2

SENIOR GOVERNMENT PLEADER FOR R3 TO R7

ADV.SRI.JOBY D.JOSEPH FOR R8 & R9


     This Writ Appeal coming on for orders along with connected case on
01/07/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
 EXT.P2:TRUE COPY OF THE ORDER DATED 29/09/2015

ALONG WITH THE CONSTITUTION OF THE CORPORATE MANAGEMENT

OF THE SRI.VIDYADHIRAJA SCHOOLS.
   ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=============================================
                   W.A. Nos. 804 & 805 of 2022
       [arising out of the impugned common judgment dated 30.5.2022 in
               WP(C). Nos. 17534/2022 & 13327/2021 respectively]

=============================================
           Dated this the 1st day of July, 2022

                                ORDER

The case has been heard in extenso. In W.A.No.804/2022,

notices before admission for contesting respondents 1 & 2 have

been taken by Sri.Ashik K.Mohamed Ali, learned Advocate and

for contesting respondents 8 & 9 have been taken by Sri.Joby

D.Joseph, learned Advocate. Notices before admission for official

respondents 3 to 7 therein have been taken by the learned

Senior Government Pleader. Service complete. The Registry will

show the names of abovesaid Advocates in the Cause List.

2. In W.A.No.805/2022, notices before admission for

contesting respondents 1 & 2 have been taken by

Sri.Joby D.Joseph, learned Advocate and for contesting

respondents 7 & 8 have been taken by Sri.Ashik K.Mohamed Ali,

learned Advocate. Notices before admission for official

respondents 3 to 6 & 9 therein have been taken by the learned W.A. Nos. 804 & 805 of 2022

..2..

Senior Government Pleader. Service complete. The Registry will

show the names of abovesaid Advocates in the Cause List.

3. Dr.George Abraham, learned counsel appearing for the

appellant in these cases would point out that Clause 5 of Chapter II

of Ext.P-2 Scheme is most relevant in this case at this point

of time, which reads as follows:

"5. In the event of death of a member of the Educational Agency the spouse will succeed until the eldest child of the said deceased member of the Educational Agency attains majority and in the event of more than one child, one of the children of the deceased member shall be a member of the Educational Agency based on the discretion of the spouse concerned which should be given in black and white or otherwise on such an event the children of the decased member shall nominate one among them to the Educational Agency after mutual bonded agreement in writing or on the basis of such condition as may be deemed as necessary."

4. From the submissions of both sides, it is apprised

to us that going by the Scheme, after the death of

Sri.G.Balakrishna Pillai, he was survived by his widow

Smt.A.R.Meenakshi Amma, who is now aged about 83 years,

two daughters viz, Smt.Rani Krishna & Smt.Lekshmi Krishna,

and one son viz, Sri.K.B.Radhakrishnan. We are told that

as per the Scheme, the first 2 years' term of being the formal

Manager in the Managing Committee was for the son W.A. Nos. 804 & 805 of 2022

..3..

Sri.K.B.Radhakrishnan, who was the Manager for the first turn

for the period from 1.6.2016 up to 31.5.2018. Further that,

the second turn of managership was allotted to Smt.Rani Krishna,

for the 2 years' term from 1.6.2018 up to 31.5.2020. Still further

that, the third turn for the 2 years' term from 1.6.2020 up to

31.5.2022 was otherwise due for the other daughter Smt.Lekshmi

Krishna, and since she is a serving High School Assistant in the

same School, she is having legal disability to part take in the

management, and hence going by the Scheme, her husband

Dr.A.R.Smith Kumar, was the Manager of the School for the

period from 1.6.2020 up to 31.5.2022, based on a Power of

Attorney executed by Smt.Lekshmi Krishna in favour of her

husband Dr.A.R.Smith Kumar.

5. It is common ground that the aforesaid son,

Sri.K.B.Radhakrishnan, has died on 14.8.2019, and his surviving

legal representatives are his wife Dr.M.R.Bindu, and two sons,

namely, Sri.Gautam Krishna, now aged 23 years and

Sri.Hridik Krishna, now aged 21 years.

6. Going by the case set up by both sides, and more W.A. Nos. 804 & 805 of 2022

..4..

particularly in the light of the afore Ext.P-2 Scheme, it appears

that the present turn for managership of the School for the

period from 1.6.2022 up to 31.5.2024 is for the family of

Late K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and

two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.

7. We specifically queried to Dr.George Abraham, learned

counsel appearing for the appellant in these cases, as to

whether the turn of managership for the period from 1.6.2022

up to 31.5.2024 is for the aforesaid family of Late

K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and

two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.

8. Dr.George Abraham, learned counsel appearing for the

appellant has fairly submitted before us, that the turn is

for the said family of Late K.B.Radhakrishnan, consisting of

Dr.M.R.Bindu and two sons, and that according to the instructions

he has secured from his party, Dr.M.R.Bindu wanted to be the

Manager in the abovesaid turn and thus wanted to part take

in the Management, for which there is a legal disqualification

inasmuch as, she is a serving teaching faculty of the Kerala W.A. Nos. 804 & 805 of 2022

..5..

Agricultural University, and therefore she is bound by the

inhibitions and restrictions in the Kerala Government Servants'

Conduct Rules as well as certain other provisions in the Kerala

Education Rules. Therefore, she is not legally eligible to

partake in the Management of the School, and so she cannot be

the formal Manager of the School.

9. Thereupon, we specifically queried to Dr.George

Abraham, learned counsel appearing for the appellant, as to

whether his party has any objection in either of the two sons of

Late K.B.Radhakrishnan becoming the Manager for abovesaid

turn for the present period, and thus to part take in the

Managing Committee.

10. Dr.George Abraham, learned counsel appearing for

the appellant would submit on the basis of instructions that

if there is no dispute between the family members of

Late K.B.Radhakrishnan, then his party will not have any

dispute in that regard, provided it is a choice on the basis of

unanimity or majority of the family members of Late

K.B.Radhakrishnan, as to which member of that family should W.A. Nos. 804 & 805 of 2022

..6..

be the Manager and thus to partake in the Managing Committee,

and if such process is completed, then all what is required is only

the formality of the respondent Deputy Director of Education,

Kollam, to approve the amendment of Ext.P-2 Scheme that the said

person is part of the Corporate Educational Agency of the School.

11. Further, it is common ground between Dr.George

Abraham, learned counsel appearing for the appellant as well as

Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the

contesting respondents that the Managing Committee of the

Corporate Educational Agency will consist of (i) Smt.Rani Krishna,

(ii) Smt.Lekshmi Krishna/her nominee as she is a serving employee,

(iii) a member from the family of Late K.B.Radhakrishnan chosen

by that branch as above.

12. Sri.Ashik K.Mohamed Ali, learned Advocate appearing

for the contesting respondents, namely, Dr.M.R.Bindu and

Sri.Gautam Krishna, would submit on the basis of instructions,

that since Dr.M.R.Bindu is a serving teaching faculty of the

Kerala Agricultural University, the said family branch, consisting

of Dr.M.R.Bindu, Sri.Gautam Krishna and Sri.Hridik Krishna, W.A. Nos. 804 & 805 of 2022

..7..

have unanimously decided that Sri.Gautam Krishna will

represent that family to be the Manager of the School, for the

abovesaid turn, for the period from 1.6.2022 up to 31.5.2024.

13. Further, it is also pointed out by Sri.Ashik K.Mohamed

Ali, learned Advocate, that Late K.B.Radhakrishnan was born in

the wedlock of Late G.Balakrishna Pillai and his first wife

Smt.T.L.Lalithamba, who is now very aged, and she being the

mother of Late K.B.Radhakrishnan, is also one of the legal

representatives of Late K.B.Radhakrishnan, and that such a legal

representative is also having proprietary interest in the

Management going by Clauses 1 & 1(a) of Chapter II of Ext.P-2

Scheme, and that Smt.T.L.Lalithamba, has also given her full

consent that Sri.Gautam Krishna could be the Manager of the

School for the present turn in question. Further that, sworn affidavits

of Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba

will be produced immediately, stating that all those parties

have unanimously chosen Sri.Gautam Krishna to be the Manager

of the School for the present turn from 1.6.2022 up to 31.5.2024.

14. Further, the said parties are seriously disputing the W.A. Nos. 804 & 805 of 2022

..8..

necessity for any formal approval of the amendment of the

Scheme, as suggested by Dr.George Abraham, learned counsel

appearing for the appellant in these cases, etc.

15. In the light of the submissions made by the parties,

it can be seen that, even if we assume that there is any

requirement for the formal amendment of the Scheme, for

incorporating the name of the nominee of the family of

Late K.B.Radhakrishnan, to part take in the Corporate

Educational Agency, the School cannot be left in the lurch

and there should be a Manager.

16. Further, the learned Senior Government Pleader has

submitted that, in view of the present disputed issues,

the statutory educational authorities are also facing difficulties

about the present School, and that this Court may pass some

orders to ensure that who should be the Adhoc Manager

of the School, for the period from 1.6.2022 onwards, for the time

being, as the said period has already commenced and the

school year has also started in full swing.

17. There is no dispute for the appellant that, as of now, W.A. Nos. 804 & 805 of 2022

..9..

the turn of mangership is due to the family of Late

K.B.Radhakrishnan for the period from 1.6.2022 up to 31.5.2024.

The only substantial dispute raised by the appellant is regarding

the formality of choosing one eligible member of the said family,

now consisting of 3 members, to be the Manager for the abovesaid

new period. If at all there is a requirement of the formal

amendment of the Scheme, by the Deputy Director of Education,

regarding the formal inclusion of the name of the said person

to be in the Corporate Educational Agency for the new period,

that should not stand in the way of the School, in having a

Manager or atleast an Adhoc Manager. The disputes appear to be

in a very narrow compass as to, who should be the eligible

representative of the family of Late K.B.Radhakrishnan, to be the

Manager for the present term in question.

18. Sri.Ashik K.Mohamed Ali, learned Advocate appearing

for the contesting respondents, would submit that the

consent letters of Dr.M.R.Bindu, Sri.Hridik Krishna and

Smt.T.L.Lalithamba have already been given on 28.4.2022

to the District Educational Officer, Kottarakkara. W.A. Nos. 804 & 805 of 2022

..10..

19. A copy of said consent letter signed by Dr.M.R.Bindu,

Sri.Hridik Krishna and Smt.T.L.Lalithamba has been produced in

WP(C).No.17534/2022, which is available at pages 71 & 72

of the paper book of W.A.No.804/2022.

20. We specifically queried Dr.George Abraham, learned

counsel appearing for the appellant as to whether his party

has any claim that she is legally entitled to be the Manager

of the School for the period from 1.6.2022 up to 31.5.2024.

21. Dr.George Abraham, learned counsel appearing for the

appellant, would fairly submit on the basis of instructions,

that his party has no such entitlement and that the said turn

for the present term is for the family of Late K.B.Radhakrishnan,

but subject to the formalities as above.

22. The statutory educational authorities and the official

respondents have urged before us, through the learned Senior

Government Pleader, that there should be some clarity as to who

should be the Manager or atleast Adhoc Manager of the School

for the time being, as otherwise, both sides will raise unnecessary

disputes and litigation against the departmental authorities, W.A. Nos. 804 & 805 of 2022

..11..

which the official respondents want to avoid at any cost.

23. The turn of the appellant had expired long ago, and the

subsequent turn of Smt.Lekshmi Krishna has also expired on

31.5.2022, and she could continue as an Adhoc Manager for still

further period of one month up to now. Further, we note that

though Dr.George Abraham, learned counsel appearing for the

appellant, has very fairly not raised any pleas regarding the

young age of Sri.Gautam Krishna, we specifically queried as

to the age of Sri.Gautam Krishna, as he has to be the formal

Manager of the School. We are told that Sri.Gautam Krishna

is now aged 23 years, and he has passed B.Tech Degree in

Electronics Engineering from a reputed Engineering College in the

State, namely, TKM College of Engineering, Kollam, and he has

passed out with flying colours after having secured 80% of marks.

Further, we also note that the formal Manager cannot take

any unilateral policy decision, and that any decision of the

Management has to be taken by the Managing Committee

consisting of Smt.Rani Krishna, Smt.Lekshmi Krishna/her

nominee and the representative of the member of the family of W.A. Nos. 804 & 805 of 2022

..12..

Late K.B.Radhakrishnan. Further, we are making these

observations only to ensure that our interlocutory

exercise of discretion is in a reasonable, fair and wise manner.

Having regard to these aspects, we are of the view that the

stalemate cannot be allowed to continue any further. The official

respondents plead before us that they should not be

unnecessarily drawn in this family disputes of the Management.

The school year has started in full swing now.

24. Accordingly, it is ordered in the interest of justice, that

Sri.Gautam Krishna will act as the Adhoc Manager of the above

School from today (1.7.2022) onwards, and the official

respondents will permit Sri.Gautam Krishna to be the Adhoc

Manager of the School as above. Hence, for the time being,

the Managing Committee of the School will consist of

(i) Smt.Rani Krishna, (ii) Nominee of Smt.Lekshmi Krishna, (iii)

Sri.Gautam Krishna, and the said Managing Committee will

function in terms of the stipulations of Ext.P-2 Scheme, more

particularly Clauses 2(a) & 2(b) thereof, and the other applicable

norms. Needless to say, the day to day affairs of the administration W.A. Nos. 804 & 805 of 2022

..13..

of the Management could be carried out by the Adhoc Manager.

The main WAs itself could be disposed, by issuing necessary

directions to the respondent educational authorities concerned to

take decision as per the Scheme on these matters.

25. The abovesaid interlocutory directions will be in

force for a period of 2 weeks from today. This case is partly heard.

List these cases for orders in the Admission List on

15.7.2022.

Hand over.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE

MMG

01-07-2022 /True Copy/ Assistant Registrar