Kerala High Court
Padmini K vs Sanooja on 11 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WA NO. 1789 OF 2023
AGAINST THE JUDGMENT DATED 21.08.2023 IN WP(C) NO.21373 OF 2022
APPELLANT/7TH RESPONDENT IN THE W.P.(C):
PADMINI K
AGED 67 YEARS
D/O. PADMAVATHY AMMA, KARUVATHIL HOUSE,
THRIKKANDIYOOR, ANNARA DESOM, THIRUR TALUK,
TIRUR P O, MALAPPURAM DISTRICT, PIN - 676101
BY ADVS.
P.CHANDRASEKHAR
JENNY THANKAM
C.RAMAN
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 6 & 8 IN THE WP(C):
1 SANOOJA
AGED 36 YEARS
W/O. MURALI K M, UPPER PRIMARY SCHOOL TEACHER, SN U P
SCHOOL, NANNAMBRA, MALAPPURAM-676320, RESIDING AT
SRILAKSHMI, MANAT HOUSE, OLAKKARA P O, THIRURANGADI,
MALAPPURAM, PIN - 676306
2 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM., PIN - 682031
3 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
4 THE DISTRICT EDUCATIONAL OFFICER
THIROORANGADI, MALAPPURANI., PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER
TANUR, MALAPPURAM ., PIN - 673001
6 THE EX-OFFICIO MANAGER AND ASSISTANT
EDUCATIONAL OFFICER,
S.N.U.P. SCHOOL, NANNAMBARA,
THANOOR, MALAPPURAM, PIN - 676320
WA Nos.1789, 1812 and 2056 of 2023
2
7 THE HEADMASTER-IN-CHARGE
S.N.U.P. SCHOOL, NANNAMBARA,
MALAPPURAM, PIN - 676320
8 KARUVATHIL VASANTHA
AGED 60 YEARS
D/O. PADMAVATHY AMMA
KRISHNAKRIPA HOUSE, ARIYANOOR PO
MALAPPURAM DISTRICT, PIN - 676313
BY ADV SRI.BALAGANGADGARAN UNIKKAT
SMT.ANIMA M. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH WA.1812/2023 AND 2056/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.1789, 1812 and 2056 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WA NO. 1812 OF 2023
AGAINST THE JUDGMENT DATED 21.8.2023 IN WP(C)NO.13048 OF 2022
APPELLANT/PETITIONER IN THE WP(C):
PADMINI K.
AGED 67 YEARS
D/O.PADMAVATHI AMMA, KARUVATHI HOUSE,
THRIKKANDIYOOR, ANNARA DESOM, THIRUR TALUK, TIRUR
P.O., MALAPPURAM DISTRICT, PIN - 676101
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
JENNY THANKAM
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS/RESPONDENTS 1 TO 7 IN THE WP(C):
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM, KOTTAPADY, DOWN HILL,
MALAPPURAM, PIN - 676519
4 THE ASSISTANT EDUCATIONAL OFFICER
TANUR, MALAPPURAM DISTRICT, PIN - 676302
5 KARUVATHIL VASANTHA
KRISHNAKRIYA HOUSE, ARIYALLUR P.O.,
MALAPPURAM DISTRICT, PIN - 676313
WA Nos.1789, 1812 and 2056 of 2023
4
6 SMT.SANOOJA
W/O.MURLAI K.M., SRILAKSHMI,
MANOIT HOUSE, OLAKKARA P.O., PIN - 676306,
TIRURANGADI TALUK, MALAPPURAM DISTRICT.
7 RESHMI B.
W/O.SUJITH S., G-9-32,
UNIVERSITY FAMILY QUARTERS,
CALICUT UNIVERSITY BUILDING,
CHELARI, MALAPPURAM DISTRICT, PIN - 673635
BY ADVS.
S. P. ARAVINDAKSHAN PILLAY
N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
PETER JOSE CHRISTO(K/1216/2004)
S.A.ANAND(K/1216/2006)
K.N.REMYA(K/712/2010)
L.ANNAPOORNA(K/952/2013)
VISHNU V.K.(K/001396/2018)
ABHIRAMI K. UDAY(K/001426/2018)
SMT.ANIMA M. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH WA.1789/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.1789, 1812 and 2056 of 2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WA NO. 2056 OF 2023
AGAINST THE JUDGMENT DATED 21.8.2013 IN WP(C)NO.18588 OF 2022
APPELLANT/7TH RESPONDENT IN THE WP(C) :
PADMINI K
AGED 67 YEARS
D/O. PADMAVATHY AMMA, KARUVATHIL HOUSE,
TTHKKANDIYOOR, ANNARA DESOM, TIRUR TALUK,
TIRUR P O, MALAPPURAM DISTRICT, PIN - 676101
BY ADVS.
P.CHANDRASEKHAR
JENNY THANKAM
C.RAMAN
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 6, 8 & 9 IN THE
WP(C) :
1 RESMI B,
UPPER PRIMARY SCHOOL TEACHER, S.N.U.P. SCHOOL,
NANNAMBRA, MALAPPURAM DISTRICT, PIN - 676320
2 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
4 THE DISTRICT EDUCATIONAL OFFICER
THIROORANGADI, MALAPPURAM., PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER,
TANUR, MALAPPURAM, PIN - 673001
WA Nos.1789, 1812 and 2056 of 2023
6
6 THE MANAGER
S.N.U.P. SCHOOL, NANNAMBRA,
MALAPPURAM., PIN - 676320
7 HEADMASTER
S.N.U.P. SCHOOL, NANNAMBRA,
MALAPPURAM, PIN - 676320
8 KARUVATHIL VASANTHA
KRISHNAKRIPA HOUSE, ARIYALLUR P.O.,
MALAPPURAM, PIN - 676313
9 SAKEENA M.K.
PAZHUDUKKANDI VEEDU,
VALLIKKUNNU P O, MALAPPURAM, PIN - 673314
BY ADVS.
S. P. ARAVINDAKSHAN PILLAY
S.A.ANAND(K/1216/2006)
N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
PETER JOSE CHRISTO(K/1216/2004)
K.N.REMYA(K/712/2010)
L.ANNAPOORNA(K/952/2013)
VISHNU V.K.(K/001396/2018)
ABHIRAMI K. UDAY(K/001426/2018)
SMT.ANIMA M. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH WA.1789/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.1789, 1812 and 2056 of 2023
7
JUDGMENT
A.Muhamed Mustaque, J.
These appeals have been filed by the daughter of
Smt.Padmavathy Amma, who was the Manager of Sree
Narayana U.P. School, Nannambra, Thirurangadi Taluk.
Smt.Padmavathy Amma is no more now. It appears that
originally the father of the appellant, the husband of
Smt.Padmavathy Amma was the owner of the school.
Smt.Padmavathy Amma made appointment as against two
vacancies on 03.06.2020. This was not approved on the
ground that schools were not functioning due to Covid during
the relevant period. Subsequently, it was considered for
approval and Smt.Padmavathy Amma appointed the petitioner
in W.P.(C)Nos.18588 of 2022 and 21373 of 2022 again on
15.07.2021. The Assistant Educational Officer initially refused
the appointment. The matter was taken up by the Director of
General Education. As per the direction of the Director of
General Education, the Assistant Educational Officer approved
WA Nos.1789, 1812 and 2056 of 2023
the appointment. The appellant also filed revision against this
order and that also ended in dismissal.
2. The learned counsel for the appellant would
contend that Smt.Padmavathy Amma relinquished her
Managership and entire property has now been settled in
favour of the appellant and her sister. Therefore, it is
submitted that, when there is a change of ownership with the
transfer of property, that would divert the Managership of
Smt.Padmavathy Amma. Apparently, there exists some
dispute regarding the ownership of the property. Now the
AEO is acting as a Manager. Smt.Padmavathy Amma passed
away on 01.01.2022. Nobody has a case that in the place of
Smt.Padmavathy Amma, somebody has been appointed as
the Manager and such appointment has been approved. As
per the Educational Department, Smt.Padmavathy Amma was
the Manager. In view of the matter, the rest of the dispute
will have to be resolved in appropriate forum. The
appointment was made while Smt.Padmavathy Amma was
WA Nos.1789, 1812 and 2056 of 2023
officiating as a Manager and there is no records to show
contrary.
In such circumstances, leaving open all issues we
find no scope for interference in these writ appeals. These
writ appeals stand dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
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