CHANDRIKA GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners are in appeal challenging the judgment of the learned Single Judge, dated 21.07.2017 finally disposing of W.P.(C).No.7397/2016. As per the judgment appealed against, the learned Single Judge has sustained the impugned orders evidenced by Exts.P10 and P14 in the writ petition, but has directed that the 3rd respondent shall continue as the Manager of the School, as a receiver in O.S.No.45 of 2016 on the files of the Sub Court, Attingal.

(2.) The short facts of the case are the following: The appellants herein are the wife and son of late Gopinathan. They therefore claim to be legal heirs of the deceased. The Raja Ravi Varma, Vocational Higher Secondary School, (hereinafter referred to as 'the School' for convenience) which conducts a High School for girls also, was established in the year 1976. Both the Schools are aided Schools and belonged to one K.K.Varma of Kilimanoor Palace. The schools were purchased jointly by late Gopinathan, husband of the first appellant and father of the second appellant herein, and the 3rd respondent. Late K.K.Varma had appointed late V.Gopinathan as the Manager of both the Schools and he had been functioning as such from 1/02/2008. It was in the said circumstances that the Schools were purchased by the said Sri. V.Gopinathan and the 3rd respondent herein. Ext.P1 is the sale deed under which, the purchase was made. After purchase of the Schools, late Gopinathan had submitted Ext.P2 application for change of Management under Rule 5A Chapter III of the Kerala Education Rules, 1959 (hereinafter referred to as 'KER' for short). Since no orders was passed on the said application, W.P.(C) No.37352/2010 was filed seeking a direction to the 2nd respondent to consider the application. The said writ petition was disposed of by Ext.P4 judgment. By Ext.P4 judgment, another writ petition W.P.(C) No.7472/2008 filed by one Raja Raja Varma, Secretary and Manager of Kilimanoor Palace Trust seeking a direction that he may also be heard before a decision is taken with respect to the change of management that was sought for by late V.Gopinathan was also disposed of.

(3.) According to Sri.Raja Raja Varma the gift deed No.5463/1952 on the basis of which late Sri.K.K.Varma claimed ownership in respect of the School properties was itself under challenge in O.S.No.41/2008 of the Sub Court, Attingal. The writ petition was disposed of with a direction to afford an opportunity of being heard to Sri.Raja Raja Varma also.