Kerala High Court
Saneeju M. Salu vs State Of Kerala on 1 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:47739
WP(C) NO. 28798 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 28798 OF 2024
PETITIONER:
SANEEJU M. SALU
AGED 41 YEARS
S/O SALU ABRAHAM, PRINCIPAL-IN-CHARGE, ST. MARY'S COLLEGE,
MANARCAUD, RESIDING AT MAPRAYIL HOUSE, PALA P.O, KOTTAYAM
DISTRICT, PIN - 686575
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT.JOTHISHA K.A.
SMT.SHIFANA M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE GOVERNMENT SECRETARY, HIGHER EDUCATION
DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR,
VIKAS BHAVAN, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
2025:KER:47739
WP(C) NO. 28798 OF 2024
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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NEAR
FIRE AND RESCUE STATION, VAYASKARAKUNNU, PALACE ROAD,
KOTTAYAM DISTRICT, PIN - 686001
4 THE MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, KOTTAYAM
REPRESENTED BY ITS REGISTRAR, PIN - 686560
5 ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL
SOCIETY
MANARCAUD, MALAM P.O, KOTTAYAM DISTRICT REPRESENTED BY ITS
SECRETARY, PIN - 686019
6 ST. MARY'S COLLEGE
MANARCAUD, REPRESENTED BY FR. KURIAKOSE ABRAHAM CORE
EPISCOPA, MANAGER, MAALAM P.O, MANARCAUD, KOTTAYAM
DISTRICT, PIN - 686019
7 THE MANAGER
FR. KURIAKOSE ABRAHAM CORE EPISCOPA, ST. MARY'S COLLEGE,
MANARCAUD, MAALAM P.O, MANARCAUD, KOTTAYAM, KOTTAYAM
DISTRICT, PIN - 686019
8 PRINCE ELIYAS
AGED 60 YEARS
S/O FR. MATHEW P. ELIYAS, PAZHAYIDATHUVAYALIL HOUSE, MAALAM
P.O, MANARCAUD, KOTTAYAM DISTRICT, PIN - 686019
BY ADVS.
SRI.SANTHARAM.P
SRI.ACHUTH KYLAS
SMT.REKHA ARAVIND
SRI.P.G.GOKULNATH
SMT.SREEDEVI KYLASANATH
SRI.R.MAHESH MENON
SHRI.SACHIN.P.K
SHRI.VARGHESE XAVIER
SAROJINI K.G.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 28798 OF 2024
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JUDGMENT
The petitioner is the principal in charge of St. Mary's College, Manarcaud. The petitioner is aggrieved by Exts.P12 and P13 show cause notices issued by the erstwhile manager to the petitioner on 20.07.2024 & 21.07.2024, respectively.
2.The learned counsel for the petitioner submits that the 6 th respondent, who is the current Manager, had already taken over the Manager post of the said college in pursuance of the order dated 11.03.2024 passed by the Additional Munsiff Kottayam in I.A No. 1/2022 in O.S No.48/2022, therefore, these impugned notices are wholly without jurisdiction inasmuch as the 8th respondent, the erstwhile Manager, does not have any authority to issue the impugned notices to the petitioner, as he was no longer the manager of the college, when the notices were issued.
3.Despite service of notice, the 8th respondent has chosen not to appear before this court in the present writ petition.
4.The learned Government Pleader also does not dispute the 2025:KER:47739 WP(C) NO. 28798 OF 2024 4 aforesaid facts.
Considering the aforesaid facts, as the show cause notices were issued by the 8th respondent, who was no longer the Manager of the college at the relevant time, I am of the view that the impugned notices are wholly without jurisdiction. Accordingly, the same are set aside, and the writ petition stands allowed Sd/-
D. K. SINGH JUDGE SJ 2025:KER:47739 WP(C) NO. 28798 OF 2024 5 APPENDIX OF WP(C) 28798/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO.6684/ACB1/2024/MGU DATED 23.07.2024 ISSUED BY THE M.G UNIVERSITY Exhibit P2 THE TRUE COPY OF ORDER NO.E1/23339/2020/DCE DATED 15.05.2023 OF 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 22.11.2023 IN W.P(C) NO.16981/2023 OF THIS HON'BLE COURT Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 10.01.2024 IN W.A NO.2205/2023 OF THIS HON'BLE COURT Exhibit P5 THE TRUE COPY OF THE INTERIM ORDER DATED 24.05.2024 IN R.P NO.530/2024 IN W.A NO.2205/2023 OF THIS HON'BLE COURT Exhibit P6 THE TRUE COPY OF THE ORDER DATED 06.02.2023 IN I.A NO.1/2022 IN O.S NO.748/2022 OF THE PRINCIPAL MUNSIFF COURT, KOTTAYAM Exhibit P7 THE TRUE COPY OF THE ORDER DATED 11.03.2024 IN I.A NO.1/2022 IN O.S NO.48/2022 ON THE FILES OF ADDL.MUNSIF, KOTTAYAM Exhibit P8 THE TRUE COPY OF THE BYE-LAW OF THE ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY HAVING REG. NO.K/303/2003 Exhibit P9 THE TRUE COPY OF THE BYE-LAW OF THE ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY REG. NO.K/303/2003 AS AMENDED IN THE YEAR 2020 Exhibit P10 THE TRUE COPY OF THE ORDER DATED 11.04.2024 IN I.A NO.2/2024 IN CMA NO.20/2024 ON THE FILES OF ADDL. DISTRICT COURT-V, KOTTAYAM Exhibit P11 THE TRUE COPY OF THE LETTER NO.SMC/C1/77/2024 DATED 17.04.2024 ISSUED BY THE 5TH RESPONDENT SOCIETY TO THE PETITIONER Exhibit P12 THE TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 20.07.2024 ISSUED BY RESPONDENT NO.8 TO THE PETITIONER Exhibit P13 THE TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 21.07.2024 ISSUED BY RESPONDENT NO.8 TO THE PETITIONER Exhibit P14 THE TRUE COPY OF THE REPLY DATED 24.07.2024 OF THE PETITIONER ISSUED TO THE RESPONDENT NO.8 2025:KER:47739 WP(C) NO. 28798 OF 2024 6 RESPONDENT EXHIBITS Translation of Exhibit English Translation of Exhibit R7(b) R7(b) Exhibit R7(a) True copy of the judgment in Writ Appeal No. 2205/2023 dated 26.05.2025 Exhibit R7(b) A true copy of notice nil dated Translation of Exhibit English Translation of Exhibit R7(c) R7(c) Exhibit R7(c) a true copy of General Body attendance book dated 17.03.2024 Exhibit R7(d) A true copy of minutes of the General Body of the society dated 17.03.2024