WP(C)/30740/2018 of C.P. NEELAKANTAN NAMBISAN Vs STATE OF KERALA on 11 April 2025

J U D G M E N T

These writ petitions are with respect to the dispute in the management of CPN UP School. These writ petitions were referred for mediation and the same have been settled. A memorandum of settlement agreement has been filed on 27.3.2025, the terms of which are as follows: “1. The respondents 1 to 4 in WPC No. 9989/2019 and Respondents 1 to 5 in WPC No. 30740/2018 and Respondents 1 to 4 and 9 in WPC No. 11839/2019 are Government and its officials, and 7th respondent Smt. Kumari Nambisan, in WP(C) No.9989/2019 and WP(C) No.11839/2019, who is the wife of Sri. Neelakantan Nambisan, 8th respondent Mr.Rajithkumar in WP(C) No.11839/2019 having no right in the disputed property, are not necessary parties to this settlement as the subject matter is property and management rights in between the owners of CPNUP School, Vattamkulam, Malappuram District.

2. The petitioner in WPC No. 9989/2019 Smt. Padmini C.P, is the sole party respondent in WPC No. 30740/2018. Smt. Padmini C.P. is also the petitioner in WPC No.11839/2019. In the pendency of WPC No. 9989/2019 and WPC No.11839/2019, the respondent Sri. C.P. Kesavan Nambisan passed away and therefore his legal heirs Dr. Bindu Nambisan, Sri. Biju Nambisan and Smt. Leela Nambisan were also impleaded.

3. It is decided to divide the Undivided share of the Land, Buildings, Contents and Other moveable and immovable properties of CPNUP School, Vattamkulam equally among the following three children of Late Sri Chempozhe Parameswaran Nambisan ie Sri C.P. Neelakantan

Nambisan, Late C.P. Kesavan Nambisan and Smt. Padmini at 1/3 rd share for each. The 1/3rd share of Late Sri C.P. Kesavan Nambisan will be equally shared within his legal heirs, Dr. Bindu Nambisan, Sri. Biju Nambisan and Smt. Leela Nambisan jointly.

4. It is decided to constitute Corporate Management as per Kerala Education Act and Rules by the above shareholders of CPNUP School, Vattamkulam through their nominees with above said shares in right of management also.

5. Sri. C.P. Neelakantan Nambisan nominates his son Sri. Satheesan C.N., Smt. Padmini C.P. nominates her son Sri Reghu N.R., and Children of Late Sri C.P. Kesavan Nambisan - Dr. Bindu Nambisan, Sri. Biju Nambisan and wife Smt. Leela Nambisan jointly nominate Sri. Biju Nambisan. Each nominee has 1/3 rd right in the management in proportionate to their right in CPNUP School, Vattamkulam and properties. It is also decided to submit for approval of Corporate Management in the above terms to the Educational Authorities for approval of the same.

6. The new Corporate Management will come in to effect from the academic year 2025-2026 onwards. The nominees of Sri Neelakantan Nambisan, Late Kesavan Nambisan through his legal heirs Dr. Bindu Nambisan, Sri. Biju Nambisan and Smt. Leela Nambisan jointly and Smt. Padmini. C.P. will act as manager of the Corporate Management in each year. It is mutually agreed that, in the 1st Academic Year (2025-26) Sri Reghu N.R. will become the Manager and in the 2nd Academic year (2026-27) Sri. Satheesan C.N. will be the Manager and in the 3rd academic year (2027-28) Sri. Biju Nambisan or his Power of Attorney Holder will be the Manager and the said roaster will repeat thereafter. At present there are 10 teaching posts in the school to be filled up. After set part One post to be filled up for persons with disabilities, the balance 9 posts to be filled up by way 3 post each by three shareholders. The new vacancies arising thereafter shall be filled up by the shareholders jointly. The expenditure for renovation and maintenance of the School shall be equally shared among the shareholders.

7. It is decided to file a compromise petition as per the shares mentioned above, in OS No. 47/2017 pending before Hon'ble Sub-Court Tirur, Malappuram District and once all the legal formalities are completed and the 1/3 rd out of the 2/3 rd share of the CPNUP School, Vattamkulam which Smt. Padmini holds now being transferred to the Legal Heirs of Late Sri C.P. Kesavan Nambisan, the OS 47/2017 will be withdrawn by the Legal Heirs of Late Sri C.P. Kesavan Nambisan as not pressed without any condition.

8. WPC No. 11839/2019 filed by Smt. Padmini C.P. is withdrawn as not pressed without any condition. WPC No. 9989/2019 filed by Smt. Padmini C.P. and WPC No. 30740/2018 filed by Sri C.P. Neelakantan Nambisan have to be allowed as per the agreed terms and conditions of the Mediation Agreement.

9. Since the subject matter of the Crime No. 254/2017 of Changaramkulam Police Station, Malappuram District is with respect to the share in school, which is now settled; therefore, it is decided to file Crl. MC before the Hon'ble High Court of Kerala to quash the said Crime as settled. Since the defacto complainant is Late Sri C.P. Kesavan Nambisan, his legal heir Dr. Bindu Nambisan shall submit necessary affidavits for quashing the said crime on behalf of other legal heirs also. It is therefore, humbly prayed that this Hon'ble Court may be pleased to accept this agreement between the parties and dispose all three Writ Petitions as per the terms and conditions in this agreement.”

2. The memorandum of settlement is taken on record. These writ petitions are accordingly ordered directing that the parties will be bound by the memorandum of settlement dated 27.3.2025 referred to above.

Sd/- MOHAMMED NIAS C. P., JUDGE MMG

APPENDIX OF WP(C).NO.11839/2019 PETITIONER'S EXHIBITS: EXHIBIT P1 A COPY OF THE ORDER OF THE A.E.O, EDAPPAL DATED 25-6-2014 EXHIBIT P2 A TRUE COPY OF THE WILL DATED 9-10-2011 OF SRI C.P PARESWARAN. EXHIBIT P3 A TRUE COPY OF THE DEATH CERTIFICATE OF SRI.CP PARESWARAN DATED 8-7-2017 ISSUED FROM NEW MAHE GRAMA PANCHAYAT EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 27-6-2017 FOR TRANSFER OF MANAGEMENT WITHOUT INVOLVING TRANSFER OF OWNER SHIP. EXHIBIT P5 A TRUE COPY OF FIR NO. 72/2018 OF CHANGARAMKULAM POLICE STATION. EXHIBIT P6 A TRUE COPY OF ORDER DATED 30-07-2018 ASSISTANT EDUCATIONAL OFFICER, EDAPPAL EXHIBIT P7 A COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE DPI DATED 20-08-2018. EXHIBIT P8 A COPY OF THE ORDER DATED 23-01-2019 OF DPI. EXHIBIT P9 A COPY OF AMENDED PLAINT OF O.S NO. 47/2017 OF SUB COURT, TIRUR ALONG WITH NOTICE DATED 30-1-2019 EXHIBIT P10 A COPY OF THE ENCUMBRANCE CERTIFICATE OF PROPERTY WITH SURVEY NO. 108/6, 105/5, 108/16 OF VATTUKULAM VILLAGE EXHIBIT P11 A COPY OF THE REPRESENTATION DATED 6-3-2018 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 A COPY OF THE FORM 10 SUBMITTED BY THE MANAGER DATED 22/12/2011 RESPONDENTS' EXHIBITS: EXHIBIT R5(A) TRUE COPY OF TRANSFER OF SCHOOL FROM SRI PISHARODY TO SRI. C. NEELAKANDAN NAMBISAN, DOC NO. 690/1948 EXHIBIT R5(B) TRUE COPY OF TRANSFER OF THE ADJACENT LAND FRM SRI GOVINDAN NAIR & OTHERS TO SRI C. NEELAKANDAN NAMBISAN DOC NO.

EXHIBIT R5(C) TRUE COPY OF THE WILL OF SRI. C. NEELAKANDAN NAMBISAN DOC NO. 10/1959 EXHIBIT R5(D) TRUE COPY OF TRANSFER OF SCHOOL AND ADJACENT PLOT TO SRI. C. PARAMESWARAN NAMBISAN DOC NO.1218/1964 EXHIBIT R5(E) TRUE COPY OF WILL OF LATE SRI. C. PARAMESWARAN NAMBISAN DOC NO.81/1980 EXHIBIT R5(F) TRUE COPY OF TRANSACTION OF THE ADJACENT PLOT TO SRI KUNHIMARAKKAR DOC NO.188/1985 EXHIBIT R5(G) TRUE PHOTOGRAPHS OF THE ADJACENT PLOT SHOWING ITS SEPARATION FROM THE SCHOOL LAND BY COMPOUND WALLS UNDER THE RIGHTS TO INFORMATION ACT EXHIBIT R5(H) TRUE

COPY

OF

THE

LETTER

FROM CHANGARAMKULAM POLICE STATION VIDE REF.NO.17/RTI/F3/19 EXHIBIT R5(I) TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF SCHOOL PROPERTY TAKEN IN 2014. EXHIBIT R6(1) TRUE COPY OF IA NO.879/2018 AND OS NO.47/2017 AT TIRUR SUB COURT DATED 4TH JUNE, 2017

EXHIBIT R6(2) TRUE COPY OF FIR NO.254/2017 DATED 24.10.2017 AT POLICE STATION IN CHANGARAMKULAM AGAINST THE PETITIONER AND HER HUSBAND SRI.RAMANKUTTY EXHIBIT R6(3) TRUE COPY OF POWER OF ATTORNEY DATED 26TH DECEMBER, 1998 ISSUED BY 6TH RESPONDENT IN FAVOUR OF SRI.RAMANKUTTY EXHIBIT R6(4) TRUE COPY OF SALE DEED NO.836/1999 DATED 09.03.1999 EXHIBIT R6(5) APPLICATION DATED 27.12.2018 FOR THE POST OF MANAGER OF THE SCHOOL TO DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, BY THE 6TH RESPONDENT. EXHIBIT R8(A) TRUE COPY OF SALE DEED NO.3414 DATED 02.08.2007 OF EDAPPAL SRO EXHIBIT R8(B) TRUE COPY OF SALE DEED NO.188 DATED 14.01.1985 OF EDAPPAL SRO EXHIBIT R8(C) TRUE COPY OF SALE DEED NO. 1250 DATED 06.04.1985 OF EDAPPAL SRO EXHIBIT R8(D) TRUE COPY OF SALE DEED NO.3105 DATED 24.08.2003 OF EDAPPAL SRO.

APPENDIX OF WP(C).NO.30740/2018 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION ALONG WITH COVERING LETTER DATED 21/8/2017 SUBMITTED BY PETITIONER. EXHIBIT P2 TRUE COPY OF THE FIR EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 2/2/2018 IN R.P.NO.121/18 EXHIBIT P4 TRUE

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THE

ORDER

NO.C/2672/2017/K.DIS.DATED 30/07/2018. EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04.01.2021 IN CRL MC NO.4255 OF 2020 OF THIS HONOURABLE COURT EXHIBIT P7 THE COPY OF THE POWER OF ATTORNEY DATED 6/12/2017 EXECUTED IN FAVOUR OF SRI.C.N.SATHEESAN RESPONDENTS' EXHIBITS: EXHIBIT R5 (A) TRUE

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THE

ORDER

G2/5366/2018/DPI/KD IS DATED 04.05.2018. EXHIBIT R6 (A) A COPY OF THE COPY OF THE JUDGMENT DATED 05.09.2018 IN WPC NO.29198/2018. EXHIBIT R6(B) A COPY OF THE FIR NO.72/2018 OF CHANGARAKKULAM POLICE STATION. EXHIBIT R6(C) A COPY OF THE ORDER DATED 25.06.2014 OF ASSISTANT EDUCATION OFFICER, EDAPPAL.

APPENDIX OF WP(C).NO.9989/2019 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE A.E.O., EDAPPAL DATED 25.6.2014. EXHIBIT P2 A TRUE COPY OF THE WILL DATED 9.10.2011 OF SRI.C.P.PARESWARAN. EXHIBIT P3 A TRUE COPY OF THE DEATH CERTIFICATE OF SRI.C.P.PARESWARAN DATED 8.7.2017 ISSUED FROM NEW MAHE GRAMA PANCHAYAT. EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR TRANSFER OF MANAGEMENT WITHOUT INVOLVING CHANGE OF OWNERSHIP OF CPNUP SCHOOL, VATTAKKULAM. EXHIBIT P5 A TRUE COPY OF FIR NO.72/2018 OF CHANGARAMKULAM POLICE STATION. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 30.7.2018 ASSISTANT EDUCATIONAL OFFICER, EDAPPAL. EXHIBIT P7 A COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE DPI DATED 16.8.2018. EXHIBIT P8 A COPY OF THE ORDER DATED 23.1.2019 OF DPI. EXHIBIT P9 A COPY OF AMENDED O.S.NO.47/2017 OF SUB COURT, TIRUR AS PER NOTICE DATED 30.1.2019. RESPONDENTS' EXHIBITS: EXHIBIT R5(A) TRUE COPY OF THE APPLICATION ALONG WITH COVERING LETTER DATED 21/8/2017 SUBMITTED BY THE 5TH RESPONDENT EXHIBIT R5(B) TRUE COPY OF THE FIR NO. 254/2017 DATED 24/10/2017

EXHIBIT R5(C) TRUE COPY OF THE JUDGMENT DATED 2/2/2018 IN RP NO. 121/18 EXHIBIT R5(D) TRUE

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THE

ORDER

NO.C/2672/2017/K.DIS DATED 30/7/2018 EXHIBIT R5(E) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. EXHIBIT R6(1): TRUE COPY OF THE REGISTERED WILL DATED 28/05/1980. EXHIBIT R6(2): TRUE COPY OF THE POWER OF ATTORNEY DATED 26/12/1998. EXHIBIT R6(3): COPY OF SALE DEED DATED 19/03/1999. EXHIBIT R6(4): COPY OF COMPLAINT IN CHANGARAMKULAM POLICE STATION ON 12/10/2017. EXHIBIT R6(5): COPY OF FIRST INFORMATION REPORT NO.0254/2017 IN CHANGARAMKULAM POLICE STATION,

MALAPPURAM

DISTRICT

ON 24/10/2017.