MANOJ MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner and the 6th respondent in WP(C) No.6679 of 2021 are stated to be the joint owners of a property measuring 1 acre comprised in Sy. No.705/1-2 of Pooyapally Village which houses the Mar Gregorious Memorial Lower Primary School (MGM LP School), an aided school, on the strength of a Will bearing No.46/1992 of the SRO, Oyoor and also, the judgment and decree dtd. 23/7/2009 in O.S.No.424/2003 on the file of the Munsiff Court, Kottarakara. It is submitted that, originally, the petitioner's grandfather C.M.Geevarghese was the owner and manager of MGM LP School, who transferred the ownership and managership to his wife Aleyamma as per a gift deed bearing No.385/1969 on the file of the SRO, Pooyapally, which was duly approved by the educational authorities.

(2.) The petitioner contends that even before Ext.P1 decree, the 6th respondent had submitted an application on 14/8/2003 before the 5th respondent-Assistant Educational Officer, Veliyam, requesting a change of management of the school in question in his name, as per Ext.P2 application. The 5th respondent had rejected the Ext.P2 application, directing the 6th respondent to submit a fresh application before the 2nd respondent, Director of General Education through Ext.P3 order dtd. 24/8/2004.

(3.) The 6th respondent challenged Ext.P3 order in WP(C) No. 26318/2004, which was disposed of through Ext.P4 judgment directing the 6th respondent to avail the statutory remedies. Though W.A.No.2359/2007 was filed against the judgment, the same was dismissed as per Ext.P5 judgment. The 6th respondent, thereafter, moved the Government which led to Ext.P6 order directing the 6th respondent to prepare a bye law for the management of the school and to get it approved by the authorities concerned, which was also challenged by him by filing WP(C) No.19786/2009, in which this Court passed Ext.P7 judgment on 23/3/2017 directing the Deputy Director of Education to dispose of the representation preferred by the 6th respondent with notice to all the parties.