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High Court of KeralaOP/793/2002closed

Narayanikutty Amma v. Director Of Public Instn.

2015-09-10Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 ----------------------- PETITIONER(S):

-------------------------- NARAYANIKUTTY AMMA, D/O.DEVAKI AMMA, MANAGER, A.U.P.SCHOOL, AMAYOOR SOUTH P.O.AMAYOOR, OTTAPALAM TALUK PALAKKAD DISTRICT AND RESIDING AT PATTATHODIYIL NARAYAN PALLIYALIL, AMAYOOR AMSOM AND DESOM, P.O.AMAYOOR, OTTAPALAM TALUK PALA BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SMT.PREETHY KARUNAKARAN RESPONDENT(S):

----------------------------

1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

2. THE ASSISTANT EDUCATIONAL OFFICER, PETTAMBI, PALAKKAD DISTRICT.

3. UNNIKRISHNAN, S/O. DEVAKI AMMA, 'SOUPARNIKA', AMAYOOR AMSOM AND DESOM P.O.AMAYOOR VIA. PATTAMI, OTTAPALAM TALUK PALAKKAD DISTRICT, PIN:679 310.

4. NARAYANAN NAIR, S/O.DEVAKI AMMA, PATTATHODIYIL NARAYANAN PALLIYALIL HOUSE AMAYOOR AMSOM AND DESOM, P.O.AMAYOOR, VIA PATTAMBI OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN: 679 310. ADDL R5: THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD (ADDL R5 IS IMPLEADED AS PER ORDER DT 10.02.2003 IN CMP NO.6518/2003)

ADDL.R6 N.P ACHUTHAN NAIR, S/O.LATE ACHUTHAN NAIR ACHUTH HOUSE, SHORNUR PALAKKAD DISTRICT ADDLR7: DISTRICT EDUCATIONAL OFFICER OTTAPALAM, PALAKKAD DISTRICT ADDL.R6 AND R7 IMPLEADED AS PER ORDER DATED 10.09.2015 IN I.A NO.12538/2005) R,R1&2 BY ADV. GOVERNMENT PLEADER SRI T R RAJESH R3 BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) R,R3 BY ADV. SRI.P.GOPAL R,R3 BY ADV. SRI.SANTHEEP ANKARATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10-09-2015, ALONG WITH OP. 32550/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONERS EXHIBITS:

EXT.P1:TRUE COPY OF THE ORDER DT 1.7.1995 ISSUED BY THE 2ND RESPONDENT EXT.P2: TRUE COPY OF THE PLAINT DT 22.05.1997 IN O.S. NO. 58 OF 1997 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPPALAM EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT DATED 7.11.1997 FILED BY DEFENDANTS 2,3, 5 TO 7 AND 10 IN O.S. NO.58/1997 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPALAM EXT.P4: TRUE COPY OF THE PLAINT DT 31.07.1997 IN OS.NO.167/1997 ON THE FILE OF THE COURT OF THE MUNSIFF MAGISTRATE OF PATTAMBI EXT.P5:TRUE COPY OF THE COUNTER STATEMENT DT 9.9.1997 IN I.A. NO.838 OF 1997 IN O.S. NO.167/1997 ON THE FILE OF THE COURT OF THE MUNSIFF MAGISTRATE OF PATTAMBI FILED BY THE 1ST DEFENDANT/1ST RESPONDENT EXT.P6: TRUE COPY OF THE ORDER DT 5.8.1998 IN I.A NO.838/1997 IN OS NO.

167/1997 ON THE FILE OF THE COURT OF THE MUNSIFF MAGISTRATE OF PATTAMBI EXT.P7: TRUE COPY OF THE JUDGMENT DATED 20.09.2000 IN C.M. A NO.10/1998 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPALAM EXT.P8: TRUE COPY OF THE PLAINT DATED 15.11.1998 IN O.S NO.162/1998 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPALAM EXT.P9: TRUE COPY OF THE WRITTEN STATEMENT DATED 20.10.1999 FILED BY THE PETITIONER HEREIN IN O.P NO.162/1998 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPALAM EXT.P10: TRUE COPY OF THE ORDER DT 20.09.2000 IN I.A. NO. 1081/1999 IN O.S. NO.162/1998 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF OTTAPALAM EXT.P11: TRUE COPY OF THE MEMORANDUM OF C.M. APPEAL DATED 20.10.2000 IN C.A.A NO.248/2000, DISTRICT COURT PALAKKAD EXT.

P12: TRUE COPY OF THE NOTICE DATED 8/11/2001 SENT BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P13: TRUE COPY OF THE REPLY DT 15.11.2001 SENT BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P14: TRUE COPY OF THE LETTER DT 1.10.

EXT.P15: TRUE COPY OF THE REPLY DT 14.10.2001 SENT BY THE PETITIONER TO THE FIRST RESPONDENT EXT.P16: TRUE COPY OF THE REPRESENTATION DT 10.10.2000 SENT BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P17: TRUE COPY OF THE ORDER DT 20.12.2001 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.18: TRUE COPY OF THE ORDER DT 25.11.2002 PASSED BY THE 2ND RESPONDENT EXT.P19: TRUE COPY OF THE ORDER DT 4.12.2002 PASSED BY THE 2ND RESPONDENT EXT.P20: TRUE COPY OF THE ORDER DT 27.1.2003 PASSED BY THE ADDITIONAL 5TH RESPONDENT RESPONDENTS EXHIBITS:

EXT.R3(A): TRUE COPY OF THE POWER OF ATTORNEY DT 17.11.1994 EXECUTED BY THELEGAL HEIRS OF LATE ACHUTHAN NAIR EXT.R3(b): TRUE COPY OF THE DOCUMENT DT 23.12.2000 EXT.R3©: TRUE COPY OF THE DOCUMENT DT 9.11.2000 EXT.R3(d) TRUE COPY OF THE DOCUMENT DT 3.10.2000 EXT.R3(e): TRUE COPY OF THE BYELAW DT 18.11.2001 TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - O.P No.793 of 2002 & 32550 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2015

J U D G M E N T

I have heard the learned counsel for the petitioner as also the learned counsel for the respondents. Admittedly, there was a civil suit pending in which it is stated that a preliminary decree has also been passed. The issue being the management of an aided school, parties would be governed by the decision of the civil court, Original petition would stand closed, leaving open the contentions of either parties to be urged before the appropriate forum.

SD/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge