[Cites 3, Cited by 0]
Kerala High Court
Alexander Correya vs State Of Kerala on 26 February, 2026
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
WA No.2657 of 2025 2026:KER:17656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WA NO. 2657 OF 2025
AGAINST THE JUDGMENT DATED 19.09.2025 IN WP(C) NO.34614 OF
2025 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
ALEXANDER CORREYA,AGED 75 YEARS
S/O.LAWRENCE CORREYA, CORREYA COTTAGE, CORREYA ROAD,
PACHALAM P.O., KOCHI, PIN - 682012
BY ADVS.
SHRI.B.MOHANLAL
SMT.P.S.PREETHA
SHRI.MOTTY JIBY VASUDEVAN
SHRI.ABIJITH M.
SMT. AVANI NAIR
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY
TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
GENERAL EDUCATION DEPARTMENT, JAGATHY P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
GENERAL EDUCATION DEPARTMENT, KAKKANAD P.O.,
ERNAKULAM, PIN - 682030
2
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4 THE DEPUTY DIRECTOR OF EDUCATION
GENERAL EDUCATION DEPARTMENT, AYYANTHOLE, THRISSUR,
PIN - 680003
5 SRI.BENEDICT SIMETHY
ACTING CHAIRMAN, THE CENTRAL BOARD OF ANGLO INDIAN
EDUCATION AGENCY, PERUMANOOR, KOCHI, PIN - 682015
6 SRI.ANDREW CORREYA
ACTING SECRETARY, CENTRAL BOARD OF ANGLO INDIAN
EDUCATION AGENCY, PERUMANOOR, KOCHI, PIN - 682015
BY ADVS.
SRI.SANTHAN V.NAIR
SMT.AISWARYA AJAYAGHOSH
SMT.RIYA KOCHUMMAN
SMT.ARATHY A.R.
SRI.SEBASTIAN JOSEPH SR.G.P
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2026,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
WA No.2657 of 2025 2026:KER:17656
JUDGMENT
Muralee Krishna, J.
The petitioner in W.P.(C) No.34614 of 2025 filed this writ
appeal under Section 5(i) of the Kerala High Court Act, 1958,
challenging the judgment dated 19.09.2025 passed by the learned
Single Judge in that writ petition.
2. Going by the averments in the writ petition, the
appellant is a member of the Central Board of Anglo Indian
Education(herein after referred as Board), which is a society
registered under the Travancore Cochin Literary, Scientific and
Charitable Societies Act and the appellant was duly appointed as
a Consultant by the Board as per clause 2 (x11) of Ext.P1 Byelaw.
As per Ext.P1 byelaw, the Board is conducting 11 schools,
including Higher Secondary, High School, U.P. School and LP
School in and around Kochi and Thrissur. When dispute arose in
the administration of the Board, this Court passed Ext.P2 order
dated 05.12.2018 in W.P.(C) No.1133 of 2019, appointed the 3rd
respondent to act as the Manager of the school until further
orders. Against Ext.P2 order, the Secretary of the Board filed
W.A.No.1935 of 2022, the Administrative Committee Member and
Local Manager of C.M.E.P.School, Sri.Patrick Livera filed
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W.A.No.1952 of 2022 and W.A.No.1994 of 2022 against the order
in R.P No.1196 of 2022 and W.P(C)No.1135 of 2019 of the learned
Single Judge. The Division Bench of this Court by Ext.P3 Common
Judgment dated 26.05.2023 in W.A.No.1935 of 2022, 1952 of
2022 and 1994 of 2022 disposed the Writ Appeal by setting aside
the impugned Orders of the learned Single Judge and directed the
learned Single Judge to decide the writ petition on merits. One
Sri.Antony Jeswin Fierado filed O.S.No.966 of 2023 before the 1 st
Additional Munsiff Court, Ernakulam against the Board and others,
wherein the learned Munsiff passed Ext.P5 Order dated
12.02.2024 to conduct the election to various posts of office
bearers to the Administrative Committee of the Board as per Ext.
P1 and the Rules and Regulations. The appellant being a member
of the Board ought to have been in the voters list; however the
Advocate Commissioner in collusion with the plaintiff in the suit
fraudulently not included the appellant in the voters list and
clandestinely prevented the appellant from exercising the right to
vote in the election held on 12.04.2025. Since the appellant could
not cast his vote, he filed Exts.P6 and P7 interlocutory applications
before the Trial Court for impleading and stay the proceedings in
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Ext.P5 order and the election. Thereafter, the appellant filed
OP(C)No.1385 of 2025. This Court by Ext.P8 Judgment dated
17.06.2025, directed the Trial Court to dispose of Exts.P6 and P7
applications within 2 months from the date of receipt of copy of
the judgment, and till then the Trial Court was directed not to
accept the Commission Report and declare the result of the
election held on 12.04.2025. In obedience to the directions in
Ext.P8 Judgement, the learned Munsiff posted the case for hearing
of Exts.P6 and P7 applications on 11.07.2025, 12.07.2025 and
15.07.2025. On 15.07.2025 the learned Munsiff dismissed Ext.P6
and P7 for default by Ext.P9 order. The appellant filed Exts.P11
and P12 restoration applications to restore Exts.P6 and P7, and
the same are pending. Now taking shelter of the advantage of the
situation of the dismissal of Exts.P6 and P7 applications, the
respondents 5 and 6 filed a petition before respondents 3 and 4
by contending that they are declared as office bearers of the Board
to conduct administration of the schools, despite the fact that the
Trial court has not accepted the Commission report and not
declared the result of the election. The 2nd respondent without
verifying the records and orders of this Court and trial court and
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without obtaining legal opinion from the Education department,
arbitrarily exercised its jurisdiction straight away passed Ext.P14
order dated 27.08.2025, blindly accepted the version of
respondents 3 and 4, approved the 5th respondent as the
Chairman/Manager of the Central Board of Anglo -Indian
Education Agency, and approved its appointment as per Chapter
III Rule 4(2) of Kerala Education Rules 1959 ('KER' for short), and
thereby permitted respondents 5 and 6 to continue as the Manager
of the school on extraneous considerations. The party respondents
now issued Ext.P16 notification dated 09.09.2025 inviting
application for appointment to the post of teachers in the School.
Ext.P14 order issued by the 2nd respondent is illegal and arbitrary.
The respondents 5 and 6 are not entitled to continue as the
Chairman and Secretary of the Board without by a duly constituted
election to the office bearers of the Board in a Democratic way.
With these pleadings, the petitioner-appellant filed
W.P.(C)No.34614 of 2025 under Article 226 of the Constitution of
India seeking the following reliefs;
"(i) To call for the records leading to Ext.P14 from the 2 nd
respondent and issue a Writ of Certiorari or other
appropriate Writ order or direction quashing P14 order
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approving the appointment of the respondents 5 and 6 to
as approved Manager of the Board as per Chapter III Rule
4(2) of K.E.R exceeding its jurisdiction as illegal and expel
the respondents 5 and 6 from the post of Chairman and
Secretary of the Board and from continuing the
administration of the Board to issue Ext.P16 notification
inviting application for appointment to the post of teachers
in the schools under the Board.
(ii) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents 1 to 4 to
forthwith reject the approval of appointment of respondents
5 and 6 to the post of Chairman and Secretary of the Board
and expel the respondents 5 and 6 from the office bearers
of the Board and restore the Manager ship of the Schools of
the Board to the respondents 3 and 4 in the absence of any
order from the 1st Additional Munsiff Court, Ernakulam in
OS No.966/2023 accepting the Commission report and
declaring the result of the election to the Board.
(iii) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents 1 to 4 to
forthwith cancel Ext.P16 notification issued by the
respondents 5 and 6 inviting application for appointment to
the posts of teachers in the Schools managed by the Board.
(iv) To declare that the respondents 5 and 6 are not entitled
to get approval of appointment to the post of Chairman and
Secretary of the Board as per chapter III Rule 4 (2) of K.E.R
from the 2nd respondent to conduct Administration of the
Schools managed by the Board and expel the respondents
5 and 6 from the office bearers of the Board and to restore
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the Manager ship of the Schools of the Board to the
respondents 3 and 4 in the absence of any order from the
1st Additional Munsiff Court, Ernakulam in O.S. No .966 of
2023 accepting the Commission report and declaring the
result of the election to the Board".
3. By the impugned judgment dated 19.09.2025, the
learned Single Judge dismissed the writ petition. Paragraphs 7 to
13 and the last paragraphs of that judgment read thus;
"7. The issue raised by the petitioner is relating to the
election conducted to the Administrative Committee of the
Central Board of Anglo Indian Education. The said Board is
a Society registered under the Travancore Cochin Literary,
Scientific and Charitable Societies Act. The Society is
governed by Ext.P1 bye-laws.
8. When W.P.(C) No.1133 of 2019 was filed seeking to
conduct election to the Board, this Court passed Ext.P2
interim order dated 05.12.2018 permitting the Deputy
Director of Education to continue as Manager of the Schools
under the Board. In W.A. No.1935 of 2022 and connected
cases, a Division Bench of this Court set aside the interim
order passed by the Single Judge.
9. One Sri. Antony Jeswin Fierado filed OS No.966 of 2023
in the I Additional Munsiff's Court, Ernakulam. The learned
Munsiff appointed Advocate R. Rajesh as Advocate
Commissioner to conduct election to various posts in the
Administrative Committee. The Advocate Commissioner
prepared a voters list of 28 members. It is the case of the
petitioner that he should also have been included in the
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voters list.
10. Though the petitioner filed impleading petition in the OS
and stay petition for staying operation of interim order of
the Munsiff's Court appointing Advocate Commissioner, the
Munsiff has not passed any orders in the IAs filed by the
petitioner. The learned Munsiff dismissed the interlocutory
application filed by the petitioner for default.
11. When the aforesaid civil proceedings are pending
consideration before the Munsiff's Court, the petitioner has
filed this writ petition challenging Ext.P14 order issued by
the Deputy Director of Education whereby the appointment
of Sri. Benedict Simethy as Chairman/Manager of the Board
has been approved for a period of one year. The contention
of the petitioner is that Ext.P14 order has been passed
without taking into consideration various orders passed by
the Munsiff's Court.
12. A perusal of Ext.P14 would indicate that the Additional
Director General of Education has considered the orders in
OS No.966 of 2023 and has found that an election has been
conducted pursuant to the directions of the civil court. It is
the Committee so elected which has submitted application
for appointment of Sri. Benedict Simethy as
Chairman/Manager. The Additional Director General of
Education has also noted the proceedings in OP(C) No.1395
of 2025. It is considering the relevant orders of the civil
court that Ext.P14 order has been passed.
13. In the afore circumstances, I do not find any illegality in
Ext.P14 order. Civil litigations are still pending regarding the
administration of the Central Board of Anglo Indian
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Education. If the petitioner has any grievance relating to
authority of the present Administrative Committee, the
petitioner has to agitate the matter before the civil court.
The writ petition is hence dismissed".
4. Being aggrieved by the aforesaid judgment of the
learned Single Judge, the appellant filed the present writ appeal.
5. Since the writ petition was dismissed by the learned
Single Judge without issuing notice to respondents 5 and 6, they
filed a counter affidavit dated 21.11.2025 in this writ appeal,
producing therewith Annexures R5(a) to R5(l) documents. To that
counter affidavit, the appellant filed a reply affidavit dated
04.12.2025 producing therewith Annexures A2 to A6 documents.
6. Heard the learned counsel for the appellant, the
learned counsel for respondents 5 and 6 and the learned Senior
Government Pleader.
7. During the course of arguments, the learned counsel
for respondents 5 and 6 pointed out that Ext.P14 order under
challenge in the writ petition is one that can be challenged by the
appellant as provided under Rule 4 (3) of Chapter III of the KER,
before the statutory authority mentioned therein.
8. Rule 4(3) of Chapter III of the KER provides that any
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person aggrieved by an order of the Educational Officer under sub-
rule (1) or of the Deputy Director (Education) under sub-rule (2)
may, within 30 days from the date of receipt of the order prefer
an appeal to the Director. Ext.P14 order under challenge in the
writ petition is one passed by the Additional Director on
27.08.2025. The writ petition was filed by the appellant on
18.09.2025. When a statutory remedy is provided under Rule
4(3) of Chapter III of the KER, we are of the opinion that the
appellant can be relegated to the statutory remedy by excluding
the period he was bona fide litigating the matter before this Court.
The appellant has not made out any special circumstance, to file
the writ petition without approaching the statutory authority for
necessary relief. All the contentions raised by the parties in this
writ petition and writ appeal can be raised in the statutory appeal
that would be filed by the appellant as provided under Rule 4 (3)
of Chapter III of the KER.
Having considered the pleadings and materials on record and
the submissions made at the Bar, we find no ground to hold the
impugned judgment of the learned Single Judge as perverse or
illegal. Therefore, without expressing anything on the legal and
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factual contentions raised by the parties, this writ appeal is
disposed of, permitting the appellant to challenge Ext.P14 order
dated 27.08.2025 passed by the 2nd respondent in a properly
instituted appeal under Rule 4(3) of Chapter III of the KER, within
the statutory period, excluding the period he was prosecuting the
writ petition and writ appeal before this Court. It is made clear
that the parties to this writ appeal are at liberty to raise all their
legal and factual contentions in the aforesaid statutory appeal.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
WA No.2657 of 2025 2026:KER:17656
APPENDIX OF WA NO. 2657 OF 2025
RESPONDENT ANNEXURES
Annexure R5(a) True copy of the letter of termination of
primary membership and life membership of the
Appellant dated 14.2.2017 issued by the Union
of Anglo- Indian Association
Annexure R5(b) True copy of the Judgment dated 3.3.2023
passed in OS No. 298/2018 by the 2nd Addl.
Munsiff Court, Ernakulam
Annexure R5(c) True copy of the Order dated 12.2.2024 passed
in IA No.1/2023 in OS No.966/2023 by the
learned 1st Additional Munsiff Court,
Ernakulam
Annexure R5(d) True copy of the draft Voters list of the
Central Board of Anglo Indian Education dated
14.3.2024 by the Advocate Commissioner
Annexure R5(e) True copy of the Order dated 19.3.2025 passed
Annexure R5(f) True copy of the notice dated 28.3.2025 along
with the final voters list published by the
Advocate commissioner with the approval of
the 1st Additional Munsiff court, Ernakulam
dated 28.3.2025
Annexure R5(g) True copy of the Judgment dated 8.4.2025
passed by this Hon'ble Court in OP(C) No.
Annexure R5(h) True copy of the Judgment dated 5.6.2025
passed in OPC No. 1086/2025 by this Hon'ble
Court
Annexure R5(i) True copy of the Final report submitted by
the Advocate commissioner dated 13.6.2025
before the 1st Addl. Munsiff Court, Ernakulam
Annexure R5(j) True copy of the Judgment dated 17.6.2025
Annexure R5(k) True copy of the Order dated 15.7.2025 passed
by the learned 1st Additional Munsiff,
Ernakulam in IA No. 29/2025 in OS No.
Annexure R5(l) A true copy of the Order dated 15.7.2025
passed by the learned 1st Additional Munsiff,
Ernakulam in IA No. 30/2025 in OS No.
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PETITIONER ANNEXURES
Annexure A2 The true copy of the administrative meeting
held on 3/12/2017 at CCPLM, Thevara in which
the appellant was decided to be appointed as
Consultant and its typed copy
Annexure A3 The true copy of the objection to the
Commission Report filed by respondents 4 and
Munsiff Court, Ernakulam
Annexure A4 The true copy of the extract of the case
status in O.S.No.966 of 2025 as shown in DCMS
Annexure A5 The true copy of the advertisement issued by
respondents 4 and 5 in Malayala Manorama
Daily dated 10/9/2025
Annexure A6 The true copy of the advertisement issued by
respondents 4 and 5 in Malayala Manorama
Daily dated 5/10/2025
