Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE11H DAY OF DECEMBER201320TH AGRAHAYANA, 1935 WP(C).No. 27936 of 2013 (N) ---------------------------- PETITIONERS: --------------- 1. SHANTAKUMARI AMMA, AGED70YEARS D/O.LATE PARAKUTTYAMMA, KOYIPUTATHU VEEDU MANIKANDESWARAM, NEDUMPANACKAL CHERRY NEDUMPANA VILLAGE, KOLLAM-691576.
2. N.P.KRISHNANKUTTY, AGED66YEARS S/O.PARAMESWARAN PILLAI, MANIKANDESWARAM NEDUMPANACKAL CHERRY, NEDUMPANA VILLAGE KOLLAM DISTRICT-691576.
3. M.P.LEELA, AGED63YEARS D/O.LATE PARAKUTTYAMMA, SHEEJA NIVAS, MANIKANDESWARAM NEDUMPANACKAL CHERRY, NEDUMPANA VILLAGE KOLLAM-691576.
4. M.P.BABU, AGED60YEARS S/O.PARAMESWARAN PILLAI, MANIKANDESWARAM NEDUMPANACKAL CHERRY, NEDUMPANA VILLAGE KOLLAM-691576.
5. REMADEVI, AGED50YEARS D/O.LATE PARUKUTTYAMMA, MANIKANDESWARAM NEDUMPANACKAL CHERRY, NEDUMPANA VILLAGE KOLLAM DISTRICT-691576.NOW RESIDING AT BIJU BHAVANAM KOTARACHERY, POOYAPPALLY VILLAGE, KOLLAM.
6. M.P.HARILAL, AGED50YEARS S/O.PARAMESWARAN PILLAI, MANIKANDESWARAM NEDUMPANACKAL CHERRY, NEDUMAPANA VILLAGE KOLLAM-691576.
7. PADMAJA MATTEY, AGED45YEARS D/O.M.P.RADHAKUMARIAMMA, AVANI BHAVAN, CHANDKHEDA AHAMMEDABAD, REPRESENTED BY HER POWER OF ATTORNEY HOLDER N.P.KRISHNANKUTTY S/O/PARAMESWARAN PILLAI, LAKSHMI VIHAR, NEDUMPANA.P.O KOLLAM-691576. BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.SURAJ.S SRI.ANESH PAUL WP(C).No. 27936 of 2013 (N) 2 RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPT.OF EDUCATION, GOVT.SECRETARIAT TRIVANDRUM-695001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHAKKAD, TRIVANDRUM-695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION THEVALLY, KOLLAM - 691 001.
4. PREM MANOJ, AGED42YEARS, S/O.PREMACHANDRAN NAIR, TC231359, SAI KRIPA, MELARANOOR, KARAMANA, TRIVANDRUM - 695 002.
5. P GEETHA, AGED42YEARS, D/O.PARUKUTTYAMMA, KAMUKUMCHERIYIL, MANIKANDESWARAM, NEDUMPANACKAL CHERRY, NEDUMPANA VILLAGE, KOLLAM, NOW RESIDING AT MANJAKUZHY, PUNALOOR, KAMUKUMCHERY, PIRAVANTHUR - 691 576.
6. N.P.VENUGOPAL, AGED52YEARS, S/O.PARAMESWARAN PILLAI, RESIDING AT `GOKULAM', MANIKANDESWARAM, NEDUMAPANACKAL CHERRY, NEDUMAPANA VILLAGE, KOLLAM DISTRICT - 691 576.
7. PRASANNA LAL, AGED48YEARS, S/O.(N.P.VENUGOPAL)**, RESIDING AT `PANCHAMANI, MANKANDESWARAM, NEDUMAPANACKAL CHERRY, NEDUMAPANA VILLAGE, KOLLAM DISTRICT - 691 576.
8. SREEKUMAR, AGED45YEARS, S/O.(N.P.VENUGOPAL,)** RESIDING AT `SREENILAYAM', MANIKANDESWARAM, NEDUMAPANACKAL CHERRY, NEDUMAPANA VILLAGE, KOLLAM DISTRICT - 691 576. ** (THE NAME OF THE FATHER OF RESPONDENTS7AND8WRONGLY SHOWN AS "N.P.VENUGOPAL" IS CORRECTED AND SUBSTITUTED WITH THE NAME "PARAMESWARAN PILLAI" AS PER THE ORDER
DTD. 11.12.2013 IN I.A.16862/2013) R1 TO R3 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1112-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27936 of 2013 (N) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------- EXT.P1 A TRUE COPY OF THE JUDGMENT
IN O.S.550 OF1994DATED2210.2007 ON THE FILE OF THE COURT OF THE ADDITIONAL SUB JUDGE,KOLLAM. EXT.P2 A TRUE COPY OF THE ORDER
OF INJUNCTION,PASSED IN I.A.280 OF2001IN O.S.550 OF1994DATED0204.2001 EXT.P3 A TRUE COPY OF THE ORDER
DATED2911.1994 PASSED BY THE3D RESPONDENT EXT.P3(A) THE TYPED TRUE COPY OF EXHIBIT-P-3 EXT.P4 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DT.10.03.2008 EXT.P5 A TRUE COPY OF THE REPRESENTATION DATED2703.2013 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS1AND2 EXT.P6 A TRUE COPY OF THE ACKNOWLEDGMENT CARD ACKNOWLEDGED ON3003.2013 BY3D RESPONDENT RECEIVING EXT.P-5. EXT.P7 A TRUE COPY OF THE ACKNOWLEDGMENT CARD ACKNOWLEDGED ON0704.2013 BY2D RESPONDENT RECEIVING EXT.P5. RESPONDENT(S)' EXHIBITS : NIL ------------------------------- // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J.
------------------------------ W.P.(C)No.27936 of 2013 ------------------------------- Dated 11th December, 2013 JUDGMENT
The petitioners and the party respondents are children of Late Sri.Parameswaran Pillai either through his first wife Smt.P.Saraswathi Amma or through his second wife Smt.Parukutty Amma. Parameswaran Pillai was the owner of several properties including Nedumpana Upper Primary School. The said Parameswaran Pillai, Parukutty Amma and P.Saraswathi Amma are no more. A suit was filed by the petitioners herein for partition as O.S.No.550 of 1994 before the Sub Court, Kollam. It is submitted by the learned counsel for the petitioners that the decree in O.S.No.550 of 1994 was set aside and the matter was remanded to the trial court by this Court. The grievance of the petitioners is regarding the inaction on the part of the second respondent on Ext.P5 whereby they requested the second respondent to appoint the first petitioner as the Manager of the school pending final disposal of O.S.No.550 of 1994. Despite the receipt of Ext.P5 no decision was taken thereon and according to the petitioners, at present there is no Manager for Nedumpana Upper Primary School. The short prayer of the petitioners is for issuance of a writ of mandamus WP(C).No.27936/2013 2 commanding the second respondent to pass orders on Ext.P5 representation expeditiously and in accordance with law. Taking note of the prayer as aforesaid and in view of the order I propose to pass in this writ petition it is unnecessary to issue notice to respondents 4 to 8 in this proceedings. It is evident from the pleadings of the petitioners that Ext.P5 representation is pending before the second respondent and at the same time, it is evident that O.S.No.550 of 1994 is also pending before the Sub Court, Kollam. Going by the contentions of the petitioners as on today there is no Manager in Nedumpana Upper Primary School. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioners in this writ petition as also in Ext.P5 representation, this writ petition is disposed of with a direction to the second respondent to consider and pass appropriate orders on Ext.P5 in accordance with law, after putting notice on all parties concerned and after ascertaining whether any interlocutory orders have been passed by the Sub Court, Kollam in O.S.No.550 of 1994 touching the subject involved in Ext.P5. After such consideration orders shall be passed on Ext.P5 expeditiously, at any rate, within a period of four months from the date of receipt of copy of this judgment. It is also made clear that in case the 2nd respondent is of the WP(C).No.27936/2013 3 view that a temporary arrangement has to be made to tide over the present situation, this order will not stand in the way of the second respondent in issuing appropriate orders in that regard. Sd/- C.T.RAVIKUMAR Judge TKS