KIDANGAYAM MUSLIM BROTHERS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The second petitioner in WP(C) No.2549/2008 is in appeal challenging the judgment of the learned single Judge dated 3.1.2017. As per the judgment appealed against, the learned Single Judge has directed the first respondent Government to consider the request made by the second petitioner in the writ petition. The first petitioner in the writ petition has not joined as a party to this appeal, since he is no more.

(2.) The dispute in the present case concerns succession to the post of Manager of A.M.L.P School, Kidangayam (hereinafter referred to as the 'school' for short). The school is an aided school that has been functioning for the past many decades. According to the appellant, an Association by name 'Kidangayam Muslim Brothers' Association' was formed in the year 1959 and was registered with the Wakf Board. In the year 1984, the Association purchased the school as per Ext.P1 sale deed dated 25.9.1984. Thereafter, as per Ext.P2 proceedings dated 16.4.1986, the Director of Public Instructions accorded sanction for the change of management. The second respondent who is one of the parties to Ext.P1 sale deed and the Secretary of the 'Kidangayam Muslim Brothers' Association' was approved as the Manager of the school. Accordingly, the school functioned. While so, on 27.1.2002 it is alleged that the second respondent was removed from the post of Manager of the school and one C.P.Muhammedali Haji was elected as the Manager, by the 'Kidangayam Muslim Brothers' Association'. He was the original first petitioner in the writ petition, but is no more. The dispute started at this stage. The change of personnel of the Manager was approved by the Assistant Educational Officer as per Ext.P8 proceedings dated 30.5.2002. The second respondent unsuccessfully challenged Ext.P8 before the Director of Public Instructions. As per Ext.P9 order dated 21.4.2003 Ext.P8 was confirmed.

(3.) In the meanwhile, the second respondent had approached this Court by filing O.P.No.16124/2002 challenging Ext.P8. As per Ext.R2 (f) judgment dated 6.2.2003, the Director of Public Instructions was directed to pass final orders in the matter within a period of two months from the date of receipt of a copy of the Judgment. It was accordingly that, Ext.P9 order was passed. Ext.P9 was challenged by the second respondent in revision before the Government. At this juncture, writ petitions were filed before this Court, which are WP(C) No.16552/2004, O.P No. 23457/2002 and OP No.14571/2003. O.P No.14571/2003 was filed by the second respondent . All the petitions were disposed of by this Court as per Ext.P11 judgment dated 30.9.2005 relegating the parties to the Revisional Authority, the Government. This Court in Ext.P11 also framed the questions to be considered by the Revisional Authority. Accordingly, the revision was considered and has been allowed by Ext.P14.