Kerala High Court
M K Rema vs M K Rameshan on 10 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:20140
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 9226 OF 2025
PETITIONERS:
1 M K REMA
AGED 74 YEARS
W/O SURENDRAN, 702 A BLOCK, VRUSHABADRI TOWERS,
OPP. THIRUMALASETTIHALLI POLICE STATION,
KORALURU, WHITE FIELD, BANGALURU, KARNATAKA
STATE, PIN - 650067
2 M SHANTHA
AGED 74 YEARS
W/O M K RAVEENDRAN, SANSAR BUILDING, NEAR
KODALAYI SREE KRISHNA TEMPLE, P O CHIRAKKAL,
CHIRAKKAL AMSOM, DESOM, KANNUR, PIN - 670011
3 M K BIJU
AGED 49 YEARS
S/O M K RAVEENDRAN, SANSAR BUILDING, NEAR
KODALAYI SREE KRISHNA TEMPLE, P O CHIRAKKAL,
CHIRAKKAL AMSOM, DESOM, KANNUR, PIN - 670011
4 M K BEENA
AGED 51 YEARS
D/O M K RAVEENDRAN, SANSAR BUILDING, NEAR
KODALAYI SREE KRISHNA TEMPLE, P O CHIRAKKAL,
CHIRAKKAL AMSOM, DESOM, KANNUR, PIN - 670011
5 M K BINDU
AGED 56 YEARS
D/O M K RAVEENDRAN, HARINANDANAM, TEMPLE ROAD,
NEAR CHIRAKKAL PANCHAYATH OFFICE, P O
CHIRAKKAL, CHIRAKKAL AMSOM, DESOM, KANNUR, PIN
- 670011
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WP(C) NO.9226 OF 2025
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6 A P SAVITHRI
AGED 72 YEARS
W/O M K REMANAN, KRISHNA VILAS, KARUVARAKUNDU
ROAD, THUVVUR AMSOM DESOM, MALAPPURAM DISTRICT
KERALA, PIN - 679327
7 M K ANIL
AGED 47 YEARS
S/O M K REMANAN, KRISHNA VILAS, KARUVARAKUNDU
ROAD, THUVVUR AMSOM DESOM, MALAPPURAM DISTRICT
KERALA, PIN - 679327
8 M K ANOOP
AGED 44 YEARS
S/O M K REMANAN, KRISHNA VILAS, KARUVARAKUNDU
ROAD, THUVVUR AMSOM DESOM, MALAPPURAM DISTRICT
KERALA, PIN - 679327
9 M K ANEESH
AGED 41 YEARS
S/O M K REMANAN,KRISHNA VILAS, KARUVARAKUNDU
ROAD, THUVVUR AMSOM DESOM, MALAPPURAM DISTRICT
KERALA, PIN - 679327
10 N SARALA
AGED 70 YEARS
W/O M K RAJAN, ARUN NIVAS, C K PURAM, CHALAD,
PALLIKUNNU AMSOM, CHALAD DESOM, KANNUR
DISTRICT, PIN - 670014
11 ARUN RAJ
AGED 39 YEARS
S/O M K RAJAN, ARUN NIVAS, C K PURAM, CHALAD,
PALLIKUNNU AMSOM, CHALAD DESOM, KANNUR
DISTRICT, PIN - 670014
12 AJAY RAJ
AGED 33 YEARS
S/O M K RAJAN, ARUN NIVAS, C K PURAM, CHALAD,
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PALLIKUNNU AMSOM, CHALAD DESOM, KANNUR
DISTRICT, PIN - 670014
13 KARTHIYAYANI
AGED 64 YEARS
W/O M K RAMACHANDRAN, TRIPPANIKKARA HOUSE, P O
KUNHIMANGALAM KUNHIMANGALAM AMSOM DESOM, KANNUR
DISTRICT, PIN - 670309
BY ADVS.
M.K.SUMOD
VIDYA M.K.
THUSHARA.K
RESPONDENTS:
1 M K RAMESHAN
AGED 73 YEARS
S/O CHINNAMMALU, AMMA, ATHUL,
NEAL KAMALA NEHRU U P SCHOOL,
HIGHWAY JUNCTION, P O VALAPATTANAM AMSOM,
DESOM KANNUR, PIN - 670011
2 BHARGAVI
AGED 77 YEARS
W/O M K RAMAKRISHNAN,
C/O K K NISHI, SOUPARNIKA, NO. 36,
3RD MAIN 2ND CROSS MALLESHPALYA BANGALURU,
KARNATAKA, PIN - 560075
3 NISHI K K
AGED 58 YEARS
D/O M K RAMAKRISNAN, SOUPARNIKA,
NO. 36, 3RD MAIN 2ND CROSS MALLESHPALYA
BANGALURU, KARNATAKA,
PIN - 560075
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4 SUJITH K K
AGED 56 YEARS
S/O M K RAMAKRISHNAN, SURABI,
CHAKKARAPARA ROAD, POOTHAPPARA,
AZHIKODE SOUTH P O, AZHIKODE SOUTH AMSOM,
AZHIKODE DESOM, KANNUR, PIN - 670009
5 ASSISTANT EDUCATIONAL OFFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
PAPPINISSERI, PAPPIISSERI P O,
KANNUR, PIN - 670561
6 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
GOVERNMENT OF KERALA, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SRI. V. VENUGOPAL,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 10th day of March, 2025
The petitioners and respondent 1 to 4 in the writ petition
are the current co-owners of the Mrs.Kamala Nehru, UP
School, Pappinisseri and the property in which it is situated.
2. The petitioners, who are the majority of the co-
owners have withdrawn their authorization given to the 1 st
respondent for the purpose of managing the School on their
behalf. The petitioners have given the authorization in favour
of the 1st petitioner and appointed her as the Manager of the
School.
3. Pursuant to making of such withdrawal of
authorization and making of appointment, the petitioners
submitted Ext.P4 petition seeking to approve change of the
Manager by invoking the powers under Chapter III Rule 4 of
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the Kerala Education Rules. The 5th respondent is not taking a
decision on Ext.P4, contend the petitioners.
4. I have heard the learned counsel for the petitioners
and the learned Government Pleader representing
respondents 5 and 6. In view of the nature of the relief to be
granted in the writ petition, notice to respondents 1 to 4 is
dispensed with.
5. The petitioners would urge that as the petitioners
are majority co-owners had already withdrawn the
authorization given to the 1st respondent for managing the
School and had authorised and appointed the 1st petitioner as
the person to manage the School, the 5 th respondent ought to
have considered Ext.P4.
6. Going through the pleadings, I find that Ext.P4
petition for change of Manager is pending. The 5 th respondent
is the competent authority to take a decision in the matter.
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In the circumstances, the writ petition is disposed of
directing the 5th respondent to consider Ext.P4 petition filed by
the petitioners with notice to affected parties and take a
decision thereon within a period of two months.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.9226 OF 2025
APPENDIX OF WP(C) 9226/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER NO. B1-5785/05
DATED 29/03/2005 ISSUED BY TAHSILDAR,
KANNUR CERTIFIED AND GIVEN THE DETAILS
OF THE LEGAL HEIRS OF THE LATE
CHINNAMMALUAMMA
Exhibit P2 TRUE COPY OF ORDER NO. D/4798/99/K DIS
DATED 23/03/2000 ISSUED BY THE 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE FAMILY TREE
DESCRIBING THE DETAILS INCLUDING THE
CURRENTLY EXISTING MEMBERS OF THE
FAMILY
Exhibit P4 TRUE COPY OF THE PETITION ISSUED TO
THE 5TH RESPONDENT DATED 11/11/2024 BY
THE PETITIONERS
Exhibit P5 TRUE COPY OF THE NOTICE WITH REF NO.
AEOPPS/1569/2024-D DATED NIL ISSUED BY
THE 1ST RESPONDENT WITH ITS TYPED COPY
