LAWS(KER)-2017-3-139

P K SUKUMARA PANICKER Vs. STATE OF KERALA

Decided On March 03, 2017
P K Sukumara Panicker Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The dialectical claims of petitioner on one side and respondents 4 to 6 on the other relates to the claim to be the Manager of Aided Upper Primary School, by name, A.U.P.School, Chiramangalam, within the jurisdictional domain of the 3rd respondent, Assistant Educational Officer.

(2.) Not many facts are in dispute in this case except as to the conflict of interests among the parties, who are siblings, in deciding as to who will be the Manager of the school.

(3.) The school was founded by the father of the petitioner and respondents 4, 5 and 6 and he was the Manager until his death in the year 1987. Thereafter, their mother became the Manager and continued as such till her death in 2010. The disputes arose after that. The petitioner who is the elder son, staked claim to be the Manager on the strength of the fact that he is the elder son, while the 4th respondent applied to be the Manager on the assertion that all the legal heirs of his parents are supporting his claim and also for the reason, according to him, that he is the legatee under his mother's will. This is how the conflicting claims were projected and put forward before the authorities.