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2025 DIGILAW 974 (KER)

Padmini C. P. W/o. Ramankutty v. State Of Kerala

2025-04-11

MOHAMMED NIAS C.P.

body2025
JUDGMENT : MOHAMMED NIAS C.P. 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. 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. 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.