Marakkar C.P vs Abdul Shahid C.P
2025 Latest Caselaw 10027 Ker

Kerala High Court

Marakkar C.P vs Abdul Shahid C.P on 24 October, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

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WA No.2046 of 2025
                                                        2025:KER:78793


                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                          &

                 THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

      FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947

                                 WA NO. 2046 OF 2025

            AGAINST THE JUDGMENT DATED 05.08.2025 IN WP(C) NO.20287 OF

2025 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 5 TO 7:

        1            MARAKKAR C.P
                     AGED 58 YEARS
                     S/O ALAVIKUTTY HAJI, CHOLAKKAPULIKKAPARAMBIL, AYYAYA,
                     OZHUR P.O., MALAPPURAM., PIN - 676307

        2            THITHIMMU C.P.
                     AGED 54 YEARS
                     W/O ABDU POOVIL, POOVIL HOUSE, NOTTAPURAM,
                     KANNATTIPADY P.O., VENGARA, MALAPPURAM, PIN - 676307

        3            IYYACHUMMA
                     AGED 82 YEARS
                     W/O ALAVIKUTTY HAJI, CHOLAKKAPULIKKAPARAMBIL, AYYAYA,
                     OZHUR P.O., MALAPPURAM., PIN - 676307

                     BY ADV SRI.K.A.MANZOOR ALI


RESPONDENTS/WRIT PETITIONER/RESPONDENTS 1 TO 4 AND 8 TO 10:

        1            ABDUL SHAHID C.P.
                     AGED 60 YEARS
                     S/O ALAVIKUTTY HAJI, MANAGER, AMUP SCHOOL, AYYAYA,
                     VELLACHAL P.O., MALAPPURAM., PIN - 676106

        2            STATE OF KERALA
                     REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
                                           2
WA No.2046 of 2025
                                                        2025:KER:78793


                     EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
                     PIN - 695001

        3            DIRECTOR OF GENERAL EDUCATION
                     JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM., PIN -
                     695014

        4            DEPUTY DIRECTOR OF EDUCATION
                     NH 213, DOWN HILL, MALAPPURAM., PIN - 676505

        5            ASSISTANT EDUCATIONAL OFFICER
                     ASSISTANT EDUCATIONAL OFFICE, TANUR, MALAPPURAM., PIN
                     - 676302

        6            MOHAMEDMOHASSIN U.
                     URUTHIYIL HOUSE, OMACHAPPUZHA P.O., OZHUR,
                     MALAPPURAM., PIN - 676320

        7            THE DEPUTY SUPERINTENDENT OF POLICE,
                     TANUR SUB-DIVISIONAL OFFICE OF POLICE, MALAPPURAM,
                     PIN-676 302. (R9 IS SUO MOTU DELETED FROM THE PARTY
                     ARRAY AS PER THE ORDER DATED 02.06.2025 IN WP(C)
                     NO.20287/2025.)

        8            THE STATION HOUSE OFFICER,
                     TANUR POLICE STATION, MALAPPURAM, PIN-676 302. (R10 IS
                     SUO MOTU DELETED FROM THE PARTY ARRAY AS PER THE ORDER
                     DATED 02.06.2025 IN WP(C) NO.20287/2025.)


                     BY ADVS.
                     SRI.S.M.PREM
                     SRI.M.H.SHAJAHAN RAWTHER
                     SHRI.P.RAMACHANDRAN (PALAKKAD)
                     SRI.H.NARAYANAN
                     SHRI.MUHAMMED NAHAS T.
                     SMT.AMALOO RAMACHANDRAN
                     SMT.ASHITHA C.J.


                     SMT. NISHA BOSE, SR. GP


         THIS WRIT APPEAL WAS FINALLY HEARD ON 17.10.2025, THE COURT
ON 24.10.2025 PASSED THE FOLLOWING:
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WA No.2046 of 2025
                                                        2025:KER:78793


                                    JUDGMENT

Muralee Krishna, J.

The respondents 5 to 7 in W.P.(C)No.20287 of 2025 filed this

writ appeal under Section 5(i) of the Kerala High Court Act, 1958,

challenging the judgment dated 05.08.2025 passed by the learned

Single Judge in that writ petition.

2. W.P.(C)No.20287 of 2025 is filed by the 1st respondent

herein under Article 226 of the Constitution of India seeking the

following reliefs:

"(i) issue a writ of certiorari or such other writ, direction or order quashing Exts.P7, P11 and P12 as arbitrary, illegal, without authority, mala fide and unconstitutional;

(ii) issue a writ of mandamus or such other writ, direction or order compelling the Respondents 3 and 4 to refrain from further proceedings pursuant to Exts.P7, P11 and P12;

(iii) direct the Respondents 2 to 4 to restore the 'SAMANWAYA' portal to the petitioner enabling him to function as Manager of AMUP School Ayyaya"

2.1. Going by the averments in the writ petition, the writ

petitioner's father Sri.C.P. Alavikutty Haji was the owner in

management of the AMUP School, Ayyaya, during the period from

31.03.1990 till 17.09.2021. Sri. C.P. Alavikutty Haji obtained the

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individual ownership of the school and management from his

father late C.P. Kuttirayu, by virtue of the settlement deed

No.419/1990 dated 09.02.1990 registered at SRO Tanur.

According to the writ petitioner, his father Sri.C.P. Alavikutty Haji

executed a settlement deed No.2111/1998 dated 10.11.1998 of

SRO Tanur and a gift deed No.626/2019 dated 21.02.2019 of the

said SRO, transferring the school property in his name. Thus, the

writ petitioner became the absolute owner of the property. During

his lifetime itself the father of the writ petitioner addressed the

educational authorities expressing his willingness to transfer the

management of the school in favour of the writ petitioner followed

by Ext.P5 formal request dated 01.06.2021 submitted to the

Assistant Education Officer ('A.E.O.' in short) and it was confirmed

by Ext.P6 document of confirmation dated 27.08.2021 executed

by the father of the writ petitioner. By Ext.P1 order dated

17.09.2021, the A.E.O., Tanur, approved the writ petitioner as the

Manager of the school. The father of the writ petitioner died on

01.08.2024 due to severe age-related ailments. When the father

of the writ petitioner was laid up, the writ petitioner received

Ext.P7 notice dated 30.11.2023 issued by the Deputy Director of

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Education ('DDE' in short), Malappuram, requiring him to appear

on 14.12.2023 on an appeal filed by the appellants herein. The

writ petitioner appeared for hearing on 14.12.2023 at the office of

the DDE, Malappuram, and understood that the appellants filed

Ext.P8 appeal dated 15.11.2023 before the DDE, Malappuram,

against Ext.P1 order of approval of the writ petitioner.

2.2. While so, the appellants filed O.S.No.123 of 2024

before the Sub Court, Tirur, for a permanent prohibitory

injunction, claiming co-ownership right over the school property.

After the death of the father of the writ petitioner, the A.E.O.

blocked the SAMANWAYA portal allotted to the writ petitioner for

use as Manager of the school. Though the writ petitioner

requested the A.E.O. to restore the SAMANWAYA portal, by

Ext.P11 letter dated 16.09.2024, the A.E.O. declined the request,

stating the reason that the writ petitioner's approval as Manager

was temporary. Thereafter, the writ petitioner received Ext.P12

letter dated 18.09.2024 from the A.E.O. stating that the writ

petitioner's father, Alavikutty Haji had submitted an application

dated 01.07.2024 disqualifying him for alleged lapses in attending

to the affairs of the school as Manager and proposing to designate

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the 6th respondent herein as Manager without having ownership.

Contending that the application dated 01.07.2024, and the

proposal dated 24.06.2024 attached to that application were

created by forgery, the writ petitioner made Ext.P16 written

complaint to the Police on 07.01.2025. Being aggrieved by

Exts.P7, P11 and P12 communications, the writ petitioner

approached this Court with the present writ petition under Article

226 of the Constitution of India.

2.3. In the writ petition, the appellants-respondents 5 to 7

filed a counter affidavit dated 02.07.2025 opposing the reliefs

sought therein and producing therewith Exts.R5(a) to R5(d)

documents. The A.E.O. also filed a counter-affidavit dated

10.07.2025 in the writ petition. The writ petitioner filed a reply

affidavit dated 17.07.2025, and along with I.A.No.3 of 2025,

produced Ext.P18 document in the writ petition.

2.4. After hearing both sides and on appreciation of

materials on record, the learned Single Judge disposed of the writ

petition by the impugned judgment. Paragraphs 7 to 10 and the

last paragraph of that judgment read thus:

"7. The issue is relating to the right to manage the School.

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Sri.C.P. Alavikutty Haji, who was the Manager of the School passed away. The petitioner would submit that the property of the School was transferred to the petitioner through a Settlement Deed as well as a Gift Deed.

8. Respondents 5 to 8 would deny the claim of the petitioner and would submit that on the demise of Sri.C.P. Alavikutty Haji, the management of the School should devolve on all the legal heirs of Sri.C.P. Alavikutty Haji.

9. Be that as it may, a Suit is pending in a competent Civil Court in this regard and the basic dispute being a civil dispute, it has to be decided by the Civil Court. Till the dispute is resolved, the School has to be managed by a person. The Educational Authorities for the time being have recognised the petitioner as the Manager

10. Counsel for respondents 5 to 8 submitted that the petitioner shall not be permitted to make any appointments to the School in view of the disputes raised. However, the School being a running live School, posts of Teachers cannot be kept vacant. The petitioner would submit that even the post of Headmaster is now vacant.

In the circumstances, the writ petition is disposed of permitting the petitioner to act as Manager, subject to any interim or final decision that may be given by the Civil Court. The petitioner will be free to make appointments to the vacancies in the School as per the provisions of the Kerala Education Rules".

3. In the writ appeal, the 1st respondent - writ petitioner

has filed a counter affidavit dated 17.09.2025 producing therewith

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Annexure R1(a) document. To that counter affidavit, the 1 st

appellant filed a reply affidavit dated 09.10.2025.

4. On 21.08.2025, when this writ appeal came up for

admission, after admitting the writ appeal, we granted an interim

stay of the operation and implementation of the impugned

judgment dated 05.08.2025 for a period of one month.

5. Heard the learned counsel for the appellants, the

learned Senior Government Pleader for respondents 2 to 5, 7 and

8, the learned counsel for the 1st respondent - writ petitioner and

the learned counsel for the 6th respondent.

6. The learned counsel for the appellants would submit

that the writ petitioner approached this Court without revealing

the entire facts and the legal position in full. The father of the 1 st

respondent - writ petitioner, during his lifetime itself had filed an

application before the Educational Authorities to remove the writ

petitioner from the managership. Without considering these

aspects, the learned Single Judge passed the impugned judgment.

7. On the other hand, the learned counsel for the 1 st

respondent would argue that as far as the issue of managership is

concerned, there is a suit pending between the parties before the

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Sub Court, Tirur. The writ petition is filed only for the reason that

the Educational Authorities blocked the SAMANWAYA portal

without any valid reasons. No interference is needed to the

impugned judgment of the learned Single Judge.

8. The 1st respondent - writ petitioner is the approved

Manager of AMUP School, Ayyaya. It is true that the appellants,

as well as the educational authorities, have a case that during the

lifetime of the father of the 1st respondent-writ petitioner, he had

approached the educational authorities seeking a change of

managership by submitting Exts.P13 to P15 applications.

However, no decision has been taken in those applications prior to

the death of the father of the 1st respondent-writ petitioner. The

claim for property in which the school is situated and the

managership issue is now before the Civil Court, by way of a

scheme suit filed by the appellants as O.S.No.123 of 2024 before

the Sub Court, Tirur. The grievance of the 1st respondent - writ

petitioner in the present writ petition is the blocking of

SAMANWAYA portal by the Educational Authorities.

9. While considering the arguments addressed at the Bar,

and the materials placed on record, we are of the opinion that the

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learned Single Judge is right in holding that the issue pertaining

to the managership of the school between the appellants and the

1st respondent is one that has to be decided by the Civil Court.

Since there is already a suit pending between the parties, there is

nothing illegal in permitting the 1st respondent-writ petitioner to

act as Manager, subject to any interim or final decision that may

be passed by the Civil Court. The impugned judgment cannot be

said as perverse or illegal. Therefore, we find no ground to

interfere with the impugned judgment of the learned Single Judge.

In the result, the writ appeal stands dismissed. All pending

interlocutory applications stand closed.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

sks                             MURALEE KRISHNA S., JUDGE


                                                  2025:KER:78793




PETITIONER ANNEXURES

Annexure -I            TRUE COPY OF THE IA IN O.S. NO.123/2024 DATED
                       11.08.2025
Annexure -II           TRUE COPY OF THE LETTER NO. AEOTNR/1898/2024-
                       B DATED 18.09.2024 OF THE AEO, TANUR

ADDRESSING THE SRI. ABDUL SHAHID, HEADMASTER AND MOHAMEDMOHASSIN U RESPONDENT ANNEXURES

Annexure R1(a) True copy of the Written Statement dated 19- 08-2025 filed by this Respondent as 1st Defendant in O.S. No. 123 of 2024 before the Sub Court, Tirur.