Kerala High Court

V. V Sudhakaran vs State Of Kerala on 21 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:24789




         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

                    WP(C) NO. 27184 OF 2023

PETITIONER:

         V.V. MALATHY
         AGED 76 YEARS
         KOVILAKATH HOUSE, NEDIYIRUPPU P.O.,
         KONDOTTY, MALAPPURAM, PIN - 673638.


         BY ADVS.
         P.MOHANDAS (ERNAKULAM)
         R.K.MURALEEDHARAN
         K.SUDHINKUMAR
         SABU PULLAN
         GOKUL D. SUDHAKARAN
         R.BHASKARA KRISHNAN
         BHARATH MOHAN
         K.P.SATHEESAN (SR.)



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY,
         GENERAL EDUCATION DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
 W.P.(C)Nos.27184 of 2023 &
19292 of 2024
                             :2:
                                            2025:KER:24789


    2    THE DIRECTOR OF GENERAL EDUCATION
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.

    3    THE DEPUTY DIRECTOR OF EDUCATION
         DOWN HILL, MALAPPURAM, PIN - 676505.

    4    THE ASSISTANT EDUCATIONAL OFFICER
         KIZHISSERY, MALAPPURAM, PIN - 673641.

    5    V.V KRISHNADAS
         KARTHIKA HOUSE, ARUN GARDENS,
         KOLAZHI P.O., THRISSUR, PIN - 680010.

 ADDL.R6 ANITHA K
         AGED 34 YEARS, W/O. SURESH, UPST,
         AUPS PULIYAKODE, MALAPPURAM DISTRICT,
         RESIDING AT 'KIZHAKKUVEETIL', POST WANDOOR,
         MALAPPURAM DISTRICT 679328.

         [ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER
         ORDER DATED 08.11.2024 IN I.A.6/2024 IN
         WP(C)27184/2023].


         BY ADVS.
         SRI.TONY AUGUSTINE, GOVERNMENT PLEADER
         SRI.P.C SASIDHARAN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.03.2025, ALONG WITH WP(C).19292/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.27184 of 2023 &
19292 of 2024
                               :3:
                                            2025:KER:24789



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

                  WP(C) NO. 19292 OF 2024

PETITIONERS:

    1    V. V SUDHAKARAN
         AGED 52 YEARS, S/O. VASUDEVAN NAIR
         VADAKKE VAKKATHODI HOUSE POST AKKAPARAMBA,
         MALAPPURAM DISTRICT, PIN - 673641.

    2    V. V DIVAKARAN
         AGED 50 YEARS, S/O. VASUDEVAN NAIR VADAKKE
         VAKKATHODI HOUSE POST AKKAPARAMBA,
         MALAPPURAM DISTRICT, PIN - 673641.

    3    V V PURUSHOTHAMAN
         AGED 48 YEARS, S/O. VASUDEVAN NAIR VADAKKE
         VAKKATHODI HOUSE POST AKKAPARAMBA,
         MALAPPURAM DISTRICT, PIN - 673641.

    4    V V RATNAKARAN
         AGED 46 YEARS, S/O. VASUDEVAN NAIR VADAKKE
         VAKKATHODI HOUSE POST AKKAPARAMBA,
         MALAPPURAM DISTRICT, PIN - 673641.

         BY ADVS.
         R.K.MURALEEDHARAN
         ATHIRA A.MENON
         HARISANKAR.K.V.
 W.P.(C)Nos.27184 of 2023 &
19292 of 2024
                             :4:
                                              2025:KER:24789



RESPONDENTS:

    1    STATE OF KERALA
         REP. BY SECRETARY TO GENERAL EDUCATION
         DEPARTMENT, GOVT. SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001.

    2    DIRECTOR OF GENERAL EDUCATION,
         DIRECTORATE OF GENERAL EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM,
         PIN - 695014.

    3    THE DEPUTY DIRECTOR OF EDUCATION
         OFFICE OF THE DEO MALAPPURAM,
         MALAPPURAM DISTRICT, PIN - 676505.

    4    THE ASSISTANT EDUCATIONAL OFFICER,
         OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
         KIZHISSERY, MALAPPURAM DISTRICT, PIN - 673641.

    5    V V KRISHNADAS
         KARTHIKA HOUSE, ARUN GARDENS KOLAZHY P O,
         THRISSUR DISTRICT, PIN - 680010.


         BY ADVS.
         SRI.P.C SASIDHARAN, STANDING COUNSEL
         SRI.TONY AUGUSTINE, GOVERNMENT PLEADER

     THIS WRIT PETITION HAVING BEEN FINALLY HEARD ON
21.03.2025, ALONG WITH WP(C).27184/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.27184 of 2023 &
19292 of 2024
                                :5:
                                                  2025:KER:24789




                         JUDGMENT

Dated this the 21st day of March, 2025

[W.P.(C) Nos.27184 of 2023 & 19292 of 2024]

Vadakke Vakkathodi family is the Educational Agency

running the Puliyacode A.U.P. School. The contesting

petitioners and respondents in these two writ petitions, W.P.(C)

Nos.27184/2023 and 19292/2024, are all members of the said

family.

2. The petitioner in W.P.(C) No.27184/2023 is

the Manager of the School, claiming to enjoy the support and

consent from the majority of the family members. The 5th

respondent, another member of the family, filed a revision

petition before the Government, contending that as per Ext.P1

Partition Deed, the eldest member of the family should be made W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

the Manager of the School. Thereupon, the Government

passed Ext.P4 order dated 08.08.2023 directing the AEO to

entrust the managership to the eldest member of the family.

Ext.P4 has been passed without hearing all parties and without

considering relevant facts, contends the petitioner. The AEO is

taking hasty steps to oust the petitioner. The petitioners in

W.P.(C) No.19292/2024 are also the members of the family.

They are also challenging Ext.P4 Government Order dated

08.08.2023.

3. The petitioners state that by the order dated

08.08.2023, the Government has ordered that the Management

of the School should be entrusted to the eldest member of the

family. Neither the Government nor the educational authorities

has decided as to who is the eldest member of the family.

Unless and until the eldest member of the family is decided by

the authorities, the 5th respondent cannot be appointed as the

Manager of the School. Any attempt to appoint the 5th W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

respondent as the Manager of the School is arbitrary and

violative of Article 14 of the Constitution of India.

4. The petitioners state that Ext.P1 Partition

Deed does not provide that the eldest member should be the

Manager of the School. The School belongs to the whole family

and therefore, the Management is to be carried on by a member

selected by the majority of the members of the family. The

petitioner in W.P.(C) No.27184/2023 has the support of the

majority of the members of the family and therefore, she was

appointed as the Manager. The 5th respondent does not enjoy

majority support and therefore, he cannot be appointed as the

Manager of the School.

5. The petitioners contended that by Ext.P3

judgment, this Court had directed the Government to hear all

the affected parties before taking a decision. None of the

affected parties were heard before passing Ext.P4 order. The

direction in Ext.P4 order is contrary to the intention of the W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

members of the family as reflected in Ext.P1. The petitioners

further submitted that by Ext.P4, practically the Government has

reviewed its earlier order. In Anilkumar P. v. State of Kerala

and others [2009 (3) KLT 650], this Court has held that the

Government has no power to review an order passed under

Rule 92 Chapter XIVA KER. Therefore, Ext.P4 order is void ab

initio.

6. The 5th respondent in W.P.(C) No.27184/2023

filed counter affidavit and resisted the writ petitions. The 5th

respondent submitted that specific provisions were made in

Ext.P1 Partition Deed to the effect that the seniormost member

of the family will be the Manager of the School. In the year

1992, a dispute arose between the family members and the

Government took over the Management appointing Assistant

Educational Officer, Arecode as Manager of the School. In the

year 1999, the Management was returned to Smt. Karthiyayani

Amma who was the seniormost member of the family. W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

7. One Smt. Komalavally Amma challenged the

Government Order dated 03.06.1999 in O.P. No.4590/2000.

The said original petition was dismissed. The petitioner is the

cousin of Smt. Komalavally Amma. Daughter of the petitioner

Smt. V.V. Sunitha filed O.P. No.4529/2000 claiming

managership. The said original petition was dismissed by this

Court. The petitioner along with her daughters filed O.S.

No.241/2011 before the Sub Court, Manjeri seeking to frame a

Scheme to govern the School. The Suit was dismissed on

11.02.2013. It was suppressing all these facts that a

representation was preferred before the Government by the

petitioner claiming that the petitioner has the support of majority

of the members of the family.

8. The 5th respondent claimed that he is the

seniormost member of the family. He filed a representation

before the Government. The Government considered all

aspects of the case and passed Ext.P4 order dated 08.08.2023. W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

In Ext.P4, the entire aspects of the case were taken into

consideration. As the petitioner had obtained Ext.P2 order

dated 20.09.2014 suppressing material facts, the 5th respondent

was justified in bringing those facts to the notice of the

Government. An order passed by the Government based on

fraud and misrepresentation by one of the parties can always

be reconsidered by the Government. That is what has been

done by Ext.P4. Ext.P4 is not liable to be interfered with on all

or any of the grounds.

9. The 4th respondent-Assistant Educational

Officer filed counter affidavit. The 4th respondent submitted that

the petitioner took charge as Manager on 21.09.2014 on the

basis of Government Order dated 20.09.2014. The 5th

respondent filed a revision petition before the Government. The

Government heard the parties on 25.05.2023 and issued an

order as per Ext.P4. The Government found that the Partition

Deed has provision to appoint the eldest member of the joint W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

family as Manager of the School.

10. I have heard the learned Counsel for the

petitioners, the learned Government Pleader representing the

official respondents and the learned Counsel appearing for the

5th respondent in W.P.(C) No.27184/2023.

11. Ext.P1 is the Partition Deed executed in the

family on 02.08.1950. It is a registered Partition Deed. On

26.05.2012, the writ petitioner filed a revision petition before the

Government of Kerala. The Government considered the matter

and concluded that majority of the family members consented

on record to appoint the petitioner as Manager. The

Government felt that it is better to appoint a representative

having the support of the majority of the family members as

Manager. The Government allowed the revision petition and the

AEO was directed to approve the petitioner as Manager of the

School.

W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

12. While the petitioner was continuing as

Manager, the 5th respondent filed a petition dated 01.02.2023.

This Court, in W.P.(C) No.10268/2023, directed the

Government to consider the said petition.

13. The impugned Ext.P4 order would show that

while passing the order, the Government has heard the

petitioner, the 5th respondent and the educational authorities.

The Government, in Ext.P4, came to a conclusion that the

Partition Deed provides that the eldest member of the family

should be appointed as Manager. There are no other Schemes

applicable to the School. The Partition Deed is a valid

document. Therefore, the eldest member of the family has to be

appointed as Manager. The Government, therefore, directed

the educational authorities to entrust managership to the eldest

member of the family.

14. The writ petitioners would urge that Ext.P4

order amounts to review of an earlier order passed by the W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

Government by which the petitioner was appointed as Manager.

A Full Bench of this Court has held in Anilkumar P. (supra) that

the Government has no power to review an order passed under

Rule 92 Chapter XIVA KER.

15. A perusal of Ext.P2 order dated 20.09.2014

would indicate that the said order has been passed without

noting a number of earlier litigations in respect of the School

Management undertaken before the civil courts as well as

before this Court. Ext.P2 does not disclose that all members of

the family were heard before passing the said order. Evidently,

the order was passed without noting all relevant facts.

Evidently, there was non-disclosure of material facts.

Therefore, I find that the Government is justified in having a

relook at the matter.

16. At the same time, I find that there is no clear

mandate in Ext.P1 Partition Deed that the eldest member of the

family should be appointed as Manager. But, at the same time, W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

the then existing eldest member was the one who was

appointed as Manager. Ext.P1 Partition Deed does not either

state that the Manager should be one supported by majority of

family members. In the afore circumstances, I am of the view

that the issue requires a deeper analysis and decision at the

hands of the Government.

Ext.P4 order dated 08.08.2023, is therefore set aside.

The writ petition is disposed of directing respondents 3 and 4 to

take a decision afresh, giving opportunity of hearing to all

concerned.

Sd/-

N. NAGARESH JUDGE ams/aks W.P.(C)Nos.27184 of 2023 & 19292 of 2024

2025:KER:24789

APPENDIX OF WP(C) 27184/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.1525/1950 DATED 02-08-1950 OF AREAKODE SUB REGISTRY

Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT AS G.O(RT) NO.3693/14/G.EDN DATED 20-09-2014

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24-03-



Exhibit P4         TRUE COPY OF THE ORDER ISSUED BY THE
                   1ST      RESPONDENT      AS      G.O(RT)

NO.4562/2023/G.EDN DATED 08-08-2023

Exhibit P5 TRUE COPY OF THE LETTER DATED 18-05-2023 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 22-05-2023

Exhibit P7 TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 24-05-2023

Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE KUZHIMANNA GRAMA PANCHAYATH TO THE PETITIONER DATED 12- 04-2023

Exhibit P6 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE DISTRICT TOWN PLANNER, MALAPPURAM DATED 24-07-2023 W.P.(C)Nos.27184 of 2023 & 19292 of 2024

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Exhibit P7 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 28-10-2023 ISSUED BY THE SECRETARY, KUZHIMANNA GRAMA PANCHAYATH

Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE SECRETARY, KUZHIMANNA GRAMA PANCHAYATH DATED 11- 11-2023

Exhibit- P9 TRUE COPY OF THE INTERIM ORDER DATED 8-11-2024 IN I.A.NO. 7/2024 IN W.P.(C)

RESPONDENT EXHIBITS

EXHIBIT R5(a) TRUE COPY OF THE GOVERNMENT ORDER NO G.O (MS) NO.125/99/G. EDN DATED 3/6/1999

EXHIBIT R5(b) TRUE COPY OF THE JUDGMENT DATED 25/5/2000 IN O.P NO.4590/2000

EXHIBIT R5(c) TRUE COPY OF THE JUDGMENT DATED 9/7/2003 IN O.P NO.25235/2002

EXHIBIT R5(d) TRUE COPY OF THE JUDGMENT DATED 18/1/2006 IN W.A.NO.1340/2003 AND CONNECTED CASES

EXHIBIT R5(e) TRUE COPY OF THE COMMON JUDGMENT DATED 6/8/2007 IN W.P(C) NO.22891OF 2006 AND 22871 OF 2007

EXHIBIT R5(f) TRUE COPY OF THE JUDGMENT DATED 11/2/2013 IN O.S.NO.241/2011 W.P.(C)Nos.27184 of 2023 & 19292 of 2024

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EXHIBIT R5(g) TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING DATED 19/11/2023 UNANIMOUSLY RESOLVING TO REMOVE THE PETITIONER AND APPOINT THE DEPONENT

RESPONDENT EXHIBITS

Exhibit-R6(a) TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER DATED 04.06.2024

Exhibit-R6(b) TRUE COPY OF THE PRINTOUT FROM THE SAMANWAYA PORTAL W.P.(C)Nos.27184 of 2023 & 19292 of 2024

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Exhibit-P2 TRUE COPY OF THE GO(MS) NO. 125/99/G.EDN DATED 03.06.1999

Exhibit-P3 TRUE COPY OF THE SRO NO. 973/2004 DATED 10.03.2004

Exhibit-P4 TRUE COPY OF THE GO(RT) NO.

3693/2014/G.EDN DATED 20.09.2014

Exhibit-P5 TRUE COPY OF THE REVIEW PETITION DATED 01.02.2023 FILED BY THE 5TH RESPONDENT BEFORE THE GOVERNMENT

Exhibit-P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 10268/2023 DATED 24.03.2023

Exhibit-P7 TRUE COPY OF THE ORDER NO. B/2173/2011 DATED 19.08.2011 ISSUED BY THE 4TH RESPONDENT

Exhibit-P8 TRUE COPY OF THE ORDER GO(MS) NO.