PARAKKAL MADHAVI Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Petitioner's mother, Cheriyamma was the owner and Headmistress of Kottiyodi L.P.School, Kuthuparamba. During the life time of petitioner's mother an agreement was executed between Cheriyamma and her husband's brothers Kunhikrishnan and Ramar, relating to the Management of the school. The executants of the agreement passed away. After the death of the mother of the petitioner the ownership of the school devolved on the petitioner as per a partition deed in the year 1984, contends the petitioner.

(2.) The petitioner applied before the Educational authorities to approve her as Manager of the School. Initially the DPI allowed the petitioner's petition and transferred Management of the school in the name of the petitioner, contends the petitioner. But later, wife of one of the brothers of Cheriyamma's husband, filed appeal before the Government and thereupon the Government set aside the order of the DPI and remitted the matter back to DPI for re-examination of the issue of management. Thereupon, the DPI directed the parties to prepare a scheme for administration of the school and submit for approval.

(3.) The petitioner preferred revision petition against the decision of the DPI, which was dismissed by the Government. The petitioner therefore filed WP(C)No.28243/2003 challenging the decision of the DPI and the Government. The said writ petition was disposed of by this Court holding that, ownership of the property cannot be decided by this Court and it is one to be decided by the competent civil court in a properly instituted suit. This Court held that it is, imperative that there should be some one in the post of Manager under the control of the Educational authorities, to run the school. The question whether the Educational authorities have to take up that responsibility temporarily would arise only in the case of an absolute impossibility to find out some one from among claimants for the management of the school. This Court therefore directed that the petitioner shall be permitted to continue to function as Manager of the school till the end of the academic year and in the meanwhile the parties shall prepare and submit a scheme for administration for approval of the competent educational authority. In case of failure, the Educational authorities were permitted to proceed further in accordance with law.