U.K.MOHAMMEDKUTTY HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P13 order passed by the Director of Public Instructions dated 30.12.2016, whereby the Assistant Educational Officer was appointed as the Manager of A.M.L.P.School, Malappuram District and affirmed by Ext.P15 order dated 11.7.2017 by the State Government, also holding that, petitioner will have to establish his claim over the management of the school and the property by approaching a civil court. The Director of Public Instruction had passed Ext.P13 order on the basis of a complaint filed by respondents 5 to 6, who are close relatives of the petitioner and in accordance with the direction issued by this court in a writ petition to consider the complaint.

(2.) Brief material facts put forth by the petitioner for the disposal of the writ petition are as follows; petitioner is the owner and Manager of A.M.L.P. School, Omanoor. Claim of the petitioner is that, he is the son of Late "U.K.Mohammed Haji", who died in the year 1976. Respondents 5 and 6 are the wife and son of Late Unnenkutty.U.K., who was the petitioner's immediate brother. Petitioner's father had three sons and three sisters viz., (1)Petitioner (2)U.K.Unnenkutty (3)U.K.Abubacker (4) Late Kunhi Kadija (5) Late Fathima U.K. and 6) Smt.Ayshakutty.U.K. Date of birth of the petitioner, evident from Ext.P1 extract of school register, is 1.1.1930.

(3.) Case projected by the petitioner is that, petitioner purchased the school and property from one Mangattu Paramban Arasseri Ahammed in the year 1950. The A.M.L.P. School, Omanoor was started much earlier to coming into force of the Kerala Educational Act and Rules and the school was established in an extent of about 70 cents of property situated in building No.436/6V of Cheekode Village and the Janmam right of the property is vested with Nilambur Kovilakam and late N.K.Rugmini Thamburatti. Various other contentions are raised with respect to the tenure of the property. It is also submitted that the said property is now situated in Re-Sy No.202/5 of Cheekode Village, evident from Ext.P2 copy of the Basic Tax Register and Ext.P3 certificate issued by the Village Officer. It is also submitted that, evident from Ext.P4 proceedings issued by the Government of Madras, permission for starting the school was granted under the Madras Elementary Education Act, 1920.