NANDAKUMAR T.K. Vs. H. NARAYANAN

JUDGEMENT

(1.) WE have heard learned counsel for the appellants as well as learned counsel for the respondents. These appeals have been filed with leave granted by the Court by its order dated 10th July, 2014.

(2.) THE writ appeals have been filed against the judgment and orders of the learned Single Judge dated 16th June, 2014 in W.P. (C) Nos. 26823/2006, 18956/2007 and 14240/2014. The appellants were not parties to the proceedings or the judgment of the learned Single Judge. They filed the appeals praying for leave on the ground that they are legal representatives of one T.K. Gopalakrishnan, who was a party to the writ proceeding and died on 01/01/2011. On the aforesaid ground, leave was granted by this Court to file the appeals.

(3.) THE writ petitions came up for hearing before the learned Single Judge on 16th June, 2014. The petitioners came up with a prayer that the period for which the management was taken has come to an end. The petitioners are only interested in the management of the school being given back to the society. The learned Government Pleader also submitted that an Advocate of this Court may be appointed to oversee the conduct of the election. The learned Single Judge, taking note of the fact that the period of 5 years has expired in 2011, directed for holding of election. It was undisputed before the learned Single Judge that the governing body consists of 8 persons, whose names were noted by the learned Single Judge. It is also noted by the learned Single Judge that T.K. Gopalakrishnan, the additional 5th respondent, was one among the said nine members, is no more. The learned Single Judge, taking note of the above facts, issued directions for holding the election by the Assistant Educational Officer by giving notice to the 8 persons. Appellants 1, 2 and 3 are the legal heirs of T.K. Gopalakrishnan. 4th appellant claimed to be proxy of one T.M. Gowri, who lives in the United States of America.