KUNHIKRISHNAN ADIYODI Vs. STATE OF KERALA

JUDGEMENT

(1.) Krishnan Adiyodi Memorial U.P. School, Chorode had been originally established by late Krishnan Adiyodi, who is the father of the petitioner herein - Kunhikrishnan Adiyodi. The 4th respondent - Kunhiraman Adiyodi, who was functioning as Manager of the school, was his elder brother. During the pendency of the proceedings, he had passed away and additional respondents 5 to 12, his legal representatives, are brought into the array of parties. The claim in the O.P. centers round the management of the school, as between the two brothers.

(2.) Essentially Ext. P5 order is under challenge, whereunder the Government had held that Kunhiraman Adiyodi was to be permitted to continue in the position holding management of the school, overruling the stand taken by the Director of Public Instruction, who had upheld the claim of the petitioner. Before dealing with the law on the subject, it may be necessary to refer to a few facts.

(3.) It is not disputed that though the school properties had been acquired by late Krishnan Adiyodi, the same had been transferred in the name of late Mathu Amma, who was the mother of the petitioner and the deceased 4th respondent. Mathu Amma had other children as well. Kunhiraman Adiyodi had assumed office as the Manager of the school even before the advent of the Kerala Education Act and Rules in 1958, the exact date being 26.5.1957, and it had been duly approved by the District Educational Officer, Malabar. Thus, as could be seen from the mandate of S.7(1) of the Kerala Education Act, since Kunhiraman Adiyodi was the Manager as on 1.6.1959, he was deemed to be appointed as the manager under the Act. It may also be pertinent to note that his younger brother Kunhikrishnan Adiyodi was a teacher of the school and he had retired from service in March 1990.