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2014 Supreme(Ker) 410

P.D.RAJAN
P. R. Pavithran – Appellant
Versus
State of Kerala, represented by The Secretary To Government – Respondent


Advocates Appeared:
For the Petitioner:George Poonthottam, Advocate.
For the Respondents:R1 to R5, T.R. Rajesh, Government Pleader, R6, T.C. Suresh Menon, Jibu P. Thomas, P.S. Appu, C.A. Anoop, R7, P.K. Suresh Kumar, N.N. Praseeda, R8, V.A. Muhammed, Advocates.

Judgment :

1. The question under challenge is whether the Government can take over the management of Vannappuram SNMVHS School in the interest of the pupil under S.14(2) of the Kerala Education Act 1958? The writ petitioner is the grandfather of the minor Manu Manoj, who is the present Manager of S.N.M. Vocational Higher Secondary School, Vannappuram according to a Will. The writ petitioner challenges Ext.P1 notification dated 17.6.2010 issued by the Secretary, Government of Kerala and consequential order dated 9.7.2010 of the Additional Secretary, General Education, Thiruvananthapuram under Article 226 of the Constitution of India.

2. The Vannappuram S.N.M. Vocational High Secondary School is an aided school and its manager was late P.N. Kumaran until his death on 12.3.2009. He had two sons and a daughter and his wife was a teacher, who later became the Headmistress of the said school. In the year 2003, Kumaran had executed a Will 94/03 of the Sub Registrar's Office, Karikode and as per that Will, the property, in which the school located, was given to his elder son Manoj and the wife of Kumaran will succeed as the Manager. That Will was revoked and thereafter a second Will was exe

















































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