H. Narayanan v. State of Kerala and Others, on behalf of Nhangattoor Educational Society

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN** **MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936** ## **WP(C).No. 26823 of 2006 (R)** **----------------------------------------** ## **PETITIONER(S):** ## **----------------------** **H.NARAYANAN, S/O. LATE N.P.ACHUTHA PISHARODI, "PISHARAM", NHANGATTIRI POST, PALAKKAD DISTRICT, PIN-679 311.** **BY ADV. SRI.SANTHEEP ANKARATH** **RESPONDENT(S): -------------------------** **1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.** **2. THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD, PALAKKAD DISTRICT.** **3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PALAKKAD DISTRICT.** **4. T.K.RAVINDRAN, S/O. SAMBU EZHUTHASSAN, THANIKUNNATH HOUSE, POST NHANGATTIRI PALAKKAD DISTRICT.** - **ADDL.R5 TO 11 IMPLEADED** **5. T.K.GOPALAKRISHNAN, S/O.PARAMANEZHUTHASSAN, THANIKKUNNATH HOUSE, MATTAYA, POST-NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **6. T.K.CHANDRASEKHARAN, S/O.RAMANEZHUTHASSAN, THANIKKUNNATH HOUSE, MATTAYA, POST-NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **7. T.K.SUDHAKARAN, S/O.RAMANEZHUTHASSAN, THANIKKUNNATH HOUSE, MATTAYA, POST-NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **PJ** **....2/-** **..2..** **WP(C).No. 26823 of 2006 (R)** **----------------------------------------** **8. P.SAJITHA, D/O.SANKARA NARAYANAN NAMBOODIRI, THEKKEDATH MANA, MATTAYA, POST-NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **9. P.M.GOURI, D/O.PARU MARARASSYAR, THIRUMITTKKODE MARATH, POST.THIRUMITTAKKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT.** **10. A.V.NARAYANAN, S/O.VASUDEVAN NAMBOODIRI, AKKOORATH MANA, MATTAYA, POST-NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **11. N.P.DEVESAN, S/O.PARU PISHARASSYAR, NHANGATTIRI PISHARAM, POST.NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT.** **ADDL.R5 TO 11 IMPLEADED AS PER ORDER DT.13/10/2006 IN IA.14406/2006** ## **R1 - 3 BY SENIOR GOVERNMENT PLEADER SRI.VIJULAL** **R4 BY ADV. SRI.KRB.KAIMAL (SR.)** **R.5 BY ADV. SRI.ELVIN PETER P.J.** **R6 BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA** **R10 & 11 BY ADVS. SRI.P.K.SURESH KUMAR** **SRI.K.P.SUDHEER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2014, ALONG WITH WPC.NO.18956/2007 & WPC.NO.14240/2014 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **PJ** ## **WP(C).No. 26823 of 2006 (R)** ## **----------------------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS** **-----------------------------------** - **P1: COPY OF THE ORDER DATED 8/6/2005 IN EP.55/05 IN OS.134/83 BY THE MUNSIFF-MAGISTRATE COURT, PATTAMBI** - **P2: COPY OF THE ORDER DATED 22/7/05** - **P3: COPY OF THE ORDER DATED 6/10/05 IN CRP.762/05** - **P4: COPY OF THE ORDER DATED 23/2/06** - **P5: COPY OF THE CERTIFICATE DT.14/12/05** - **P6: COPY OF THE ORDER DATED 30/5/06** - **P7: COPY OF THE JUDGMENT DATED 6/6/06 IN WPC.1452 OF 2006 BY THIS HONOURABLE COURT.** - **P8: COPY OF THE ORDER DATED 19/7/06** - **P9: COPY OF THE LETTER DATED NIL.** - **P10: COPY OF THE COUNTER WITH THE INDEX SHOWING DETAILS OF THE DOCUMENTS PRODUCED WITH IT DATED 29/7/2006 I** - **P11: COPY OF THE COMMON JUDGMENT DATED 25//9/2006 IN WPC.22525/2005** - **P12: COPY OF THE ORDER OF THE R1 DATED 6/10/2006 BY THE GOVERNMENT AS GO(RT)NO.4345/06/G.EDN.** - **P13: COPY OF THE NEWS PAPER REPORT DATED 8/10/06** - **P14: COPY OF THE ORDER ORIGINALLY PREPARED BY THE UNDER SECRETARY AND PLACED FOR APPROVAL OF THE PRINCIPAL SECRETARY DATED NIL.** - **P15: COPY OF THE CHALAN RECEIPT DATED 11/10/2006 EVIDENCING PAYMENT OF AMOUNT FOR OBTAINING THE COPY** - **P16: COPY OF THE NOTIFICATION NO.33176.F2/06/G.EDN DATED 9/10/2006** **RESPONDENTS' EXHIBITS** **-------------------------------------** **R4(A): COPY OF THE MEMORANDUM OF NHANGATTUR EDUCATON SOCIETY** - **R4(B): COPY OF THE RULES AND REGULATIONS OF NHANGATTUR EDUCATION SOCEITY** **PJ** **....2/-** **..2..** **WP(C).No. 26823 of 2006 (R)** ## **----------------------------------------** - **R4(C): COPY OF THE AMENDMENT OF RULES AND REGULATIONS OF NHANGATTUR EDUCATION SOCIETY DATED 16/10/73** - **R4(D): COPY OF THE PETITION DATED 20/6/06 SUBMITTED BY THE 4TH RESPONDENT TO THE GOVERNMENT** - **R4(E): COPY OF THE MASS PETITION DATED 20/5/06 SUBMITTED BY THE PARENTS OF PUPILS OF AUP SCHOOL, NHANGATTUR TO THE RESPONDENT** - **R4(F): COPY OF THE ARGUMENT NOTE DATED 29/7/2006 SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT** - **R4(G): COPY OF THE LETTER NO.V3/2517/06 DATED 3//2/2006 OF THE DIRECTOR OF EDUCATION TO THE 4TH RESPONDENT.** - **R5(A): COPY OF THE COMMUNICATION DATED 3/2/2006 OF THE DPI, THIRUVANANTHAPURAM** - **R5(B): COPY OF THE ORDER DATED 19/7/2005 OF THE GOVERNMENT** - **R5(C): COPY OF THE ARGUMENT NOTE DATED 29/7/2006 SUBMITTED BEFORE THE FIRST RESPONDENT BY K.RAJAGOPALAN NAIR, ADVOCATE** - **R5(D): COPY OF THE PETITION DATED 20/5/06 SUBMITTED BY THE PARENTS OF THE STUDENTS BEFORE THE HONOURABLE MINISTER FOR EDUCATION.** ## **/ TRUE COPY /** ## **P.S. TO JUDGE** **PJ** ## **P. N. RAVINDRAN, J.** **----------------------------------** # **W.P.(C.) Nos. 26823 of 2006, 18956 of 2007 & 14240 of 2014** ---------------------------------- Dated this the 16[th] day of June, 2014 ## **JUDGMENT** The petitioners are members of Nhangattoor Educational Society, a society registered under the Societies Registration Act, 1860. The society was formed by the following 12 members, who constituted its first governing body: 1. T.K. Raman Ezhuthachan 2. N.P. Achutha Pisharoti 3. T.K. Sambhu Ezhuthachan 4. K.P. Raman Ezhuthachan 5. P. Narayanan Ezhuthachan 6. M. Kuttykrishnan Nair 7. T.M. Gouri 8. T.K. Ramakrishnan 9. T.K. Gopalakrishnan 10. T. Sankaranarayanan Namboodiri 11. N.P. Kuttykrishna Pisharoday 12. A.M. Vasudevan Namboodiri A few among the said members are no more and consequent on their death, vacancies in the governing body were filled up by nomination in terms of rule 3 of the rules and regulations of the society. 2. The petitioner in W.P.(C) No. 26823 of 2006 who admittedly is a member of the governing body of the Nhangattoor Educational Society, has filed the writ petition challenging Ext.P12 Government W.P.(C) Nos. 26823/2006, 18956/2007 & 14240/2014 -2- order dated 06.10.2006 whereby the Government after hearing all the then existing nine members of the governing body of the society, ordered that the management of the school be taken over under section 14(2) of the Kerala Education Act, for a period of five years or till such time as the educational agency elects its President (who as per the rules is to act as the Manager of the school) and obtains proper departmental approval. The Government also directed the District Collector, Palakkad to take further action as per rules in Chapter XX of the Kerala Education Rules for taking over the management of the school. The relief sought in W.P.(C) No. 26823 of 2006 is to set aside the said Government order and to direct respondents 1 to 3 to restore charge and management of the school to the petitioner. The relief sought in W.P.(C) No. 18956 of 2007 filed by yet another member of the governing body is for an order directing the third respondent therein (Assistant Educational Officer, Thrithala) to convene a meeting of the Nhangattoor Educational Society to elect its President. The relief sought in W.P.(C) No. 14240 of 2014 filed by the very same petitioner is for an order directing the State Government to refrain from proceeding with Ext.P4 representation pending disposal of the above two writ petitions. Ext.P4 produced in W.P.(C) No. 14240 of 2014 is a representation filed by the petitioner and additional respondents 10, 7 and 11 in W.P.(C) No. 26823 of 2006 before the Hon'ble Minister for Education wherein they have prayed that W.P.(C) Nos. 26823/2006, 18956/2007 & 14240/2014 -3- Ext.P12 Government order may be revoked and the management of the school may be handed over to the society and Sri. H. Narayanan, who is the petitioner in W.P.(C) No. 26823 of 2006 and the President of the society, may be appointed as the Manager of the School. It is contended that in view of the fact that W.P.(C) Nos. 26823 of 2006 and 18956 of 2007 are pending in this Court, the Government should not proceed with Ext.P4 in respect of which a hearing is scheduled to be held on 07.06.2014. 3. When these writ petitions came up for hearing today, learned counsel appearing for the petitioners submitted that as the period of five years stipulated in the impugned Government order has expired, the petitioners are now only interested in the management of the school being given back to the society. Sri. P.K. Suresh Kumar, learned Senior Advocate appearing for the petitioner in W.P.(C) No. 26823 of 2006 submitted that an Advocate of this Court may be appointed as Commissioner to oversee the conduct of the elections. Sri. V.A. Muhammed, learned counsel appearing for the petitioner in the connected writ petitions submitted that the elections can be held by the District Collector. The learned Government Pleader appearing for the official respondents submitted that an Advocate of this Court may be appointed as Commissioner to oversee the conduct of the elections so as to avoid any controversy regarding the conduct of the elections. W.P.(C) Nos. 26823/2006, 18956/2007 & 14240/2014 -4- 4. It is not in dispute that the management of the school was taken over for a period of five years or till the educational agency elects its President and obtains proper departmental approval. The period of five years expired in the year 2011. Nearly three years have passed thereafter. The Government had issued Ext.P8 notice to nine members of the governing body of the society before it issued the impugned order. Sri. T.K. Gopalakrishnan, the additional 5[th] respondent who was one among the said nine members is no more. He passed away on 01.01.2011. It is also not in dispute that as at present, the governing body of the society consists of the following eight persons: 1. H. Narayanan 2. Dr. A.V. Narayanan 3. Dr. T.K. Sudhakaran 4. N.P. Devesan 5. T.K. Chandrasekharan 6. T.K. Ravindran 7. T. Sajitha 8. T.M. Gowri 5. A dispute arising out of the election of the additional fifth respondent in W.P.(C) No. 26823 of 2006 as the President of the society in the meeting held on 16.01.2005 led to the impugned order. The additional fifth respondent is no more. In such circumstances, as the dispute can be resolved by holding an election from among the W.P.(C) Nos. 26823/2006, 18956/2007 & 14240/2014 -5- remaining eight members of the governing body, I am of the opinion that the proper course will be to direct the Assistant Educational Officer, Thrithala to conduct an election under the supervision of an Advocate Commissioner appointed by this Court and depending on the outcome of the election, to permit the President of the society thus elected to take over the management of the school. I accordingly dispose of these writ petitions with the following directions: - i. Sri. M.P. Sreekrishnan, Advocate of this Court is appointed as Commissioner to supervise the conduct of the election of the office bearers of Nhangattoor Educational Society. ii. The Assistant Educational Officer, Thrithala shall hold the election with notice to the following eight persons within one month from today: 1. H. Narayanan 2. Dr. A.V. Narayanan 3. Dr. T.K. Sudhakaran 4. N.P. Devesan 5. T.K. Chandrasekharan 6. T.K. Ravindran 7. T. Sajitha 8. T.M. Gowri Notice of the election shall be served on the said members by registered post acknowledgment due. W.P.(C) Nos. 26823/2006, 18956/2007 & 14240/2014 -6- - iii.The Assistant Educational Officer, Thrithala shall, before holding the election, give notice to the District Collector, Malappuram and the Advocate Commissioner appointed by this Court. - iv.The Advocate Commissioner shall after the election is held, submit a report in this Court within one week from the date of the election. - v. The Assistant Educational Officer, Thrithala shall after the election is held pass appropriate orders approving the appointment of the person elected as the President of the society as the Manager of the school. - vi.The District Collector, Palakkad shall, thereupon, handover management of the school to the President, thus, elected. - vii.The election shall be held in accordance with the rules of the society. - viii. The remuneration payable to the Advocate Commissioner is fixed at ` 30,000/-. It shall be shared equally by all the eight members of the society named above. They shall pay the remuneration directly to the Advocate Commissioner, obtain receipts and file copies thereof in this Court within 10 days from today. - ix.The election shall be held in the premises of the school. ## sd/- **P. N. RAVINDRAN, JUDGE.** rv