ST MARYS CHURCH Vs. STATE OF KERALA

JUDGEMENT

(1.) Since the parties are common and since common questions arise for consideration in these Writ Petitions, the Writ Petitions are being disposed of by this common judgment as requested by all the counsel. W.P. (C) No. 30106 of 2008 is taken as the main case. The facts are stated herein below and the exhibits are referred to as in W.P. (C) No. 30106 of 2008.

(2.) The dispute essentially is whether Vicar of St. Mary's Church, Njarakkal or whether the Mother Superior, Little Flower Convent, Njarakkal is entitled to be the Manager of Little Flower Girls High School. A more fundamental question as to whether the School belongs to Little Flower Convent or whether it belongs to St. Mary's Church is also involved. The Petitioner is the Vicar of St. Mary's Church, Njarakkal (hereinafter referred to as the 'Vicar'). The Vicar challenges Ext. P5 order dated 30.9.2008 passed by the Government upsetting Ext. P1 proceedings dated 5.10.1971 passed by the Regional Deputy Director of Public Instruction, Ernakulam. By Ext. P5 order, the Government directed the District Educational Officer, Ernakulam to approve the Mother Superior, Little Flower Convent (hereinafter referred to as the 'Mother Superior') as the Manager of Little Flower Girls High School, Njarakkal. Consequently, the District Educational Officer passed Ext. P6 order dated 3.10.2008 which is also under challenge in the Writ Petition.

(3.) The case of the Vicar is the following: