1. Krishnan Adiyodi Memorial U.P. School, Chorode had been originally established by late Krishnan Adiyodi, who is the father of the petitioner herein - Kunhikrishnan Adiyodi. The 4th respondent - Kunhiraman Adiyodi, who was functioning as Manager of the school, was his elder brother. During the pendency of the proceedings, he had passed away and additional respondents 5 to 12, his legal representatives, are brought into the array of parties. The claim in the O.P. centers round the management of the school, as between the two brothers.

2. Essentially Ext.P5 order is under challenge, whereunder the Government had held that Kunhiraman Adiyodi was to be permitted to continue in the position holding management of the school, overruling the stand taken by the Director of Public Instruction, who had upheld the claim of the petitioner. Before dealing with the law on the subject, it may be necessary to refer to a few facts.

3. It is not disputed that though the school properties had been acquired by late Krishnan Adiyodi, the same had been transferred in the name of late Mathu Amma, who was the mother of the petitioner and the deceased 4th respondent. Mathu Amma had other children as well. Kunhiraman Adiyodi had assumed office as the Manager of the school even before the advent of the Kerala Education Act and Rules in 1958, the exact date being 26.5.1957, and it had been duly approved by the District Educational Officer, Malabar. Thus, as could be seen from the mandate of S.7(1) of the Kerala Education Act, since Kunhiraman Adiyodi was the Manager as on 1.6.1959, he was deemed to be appointed as the manager under the Act. It may also be pertinent to note that his younger brother Kunhikrishnan Adiyodi was a teacher of the school and he had retired from service in March 1990.

4. On 26.3.1974, well after the death of their parents, the legal representatives had brought among themselves a partition of their properties. Ext.P1 is the copy of the deed. Reference is there to the position that the school compound consisted of 1.24 acres and there were five buildings put up there. Long before the date of partition, it is seen that Kunhiraman Adiyodi had purchased 6 cents of land from Mathu Amma for valid consideration and had annexed the properties to the school properties and had put up one building therein. Thus, at the time of partition, he was in overall control of 1 acre and 30 cents of land and buildings of the school, of course functioning as the Manager.

5. Ext.P1 partition deed provided that the entire school properties and all claims in respect of them, including the improvements, were to be assigned in favour of the petitioner-Kunhikrishnan Adiyodi. Documents indicate that all the other legal representatives of deceased Mathu Amma had agreed to the above. Consequently, there cannot be any dispute about the position that 1.24 acres, wherein the school had been situated, came to the ownership of the petitioner hitherto belonging to the co-owners. 6 cents of land, though attached to the school, was left unaffected because of the partition as it continued with the ownership and possession of Kunhiraman Adiyodi.

6. After his retirement in 1990 the petitioner had thought of assuming managership of the school. This also involved change of properties. By way of caution, all the erstwhile co-owners (excepting the 4th respondent) had given a written consent for such a change. The petitioner had taken steps for getting permission from the educational authorities. The Director of Public Instruction, by proceedings dated 28.12.1995 on the application ordered as following:

Your petition cited has been examined in detail. The present Manager Sri.Kunhiraman Adiyodi has ownership over 6 cents of land and only one building, whereas Sri. Kunhikrishnan Adiyodi has ownership of 1.24 acres and 4 out of five buildings are located in his share. So Sri. Kunhiraman Adiyodi can act as Manager only if the holders consents. Sri. Kunhiraman Adiyodi cannot