N.Muraleedharan vs The State Of Kerala
2021 Latest Caselaw 7732 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                      WP(C).No.39920 OF 2018(L)

PETITIONER:

               N.MURALEEDHARAN, MANAGER, S.V.HIGHER SECONDARY
               SCHOOL,CLAPPANA, KARUNAGAPPALLY,
               KOLLAM DISTRICT, PIJN-690 525

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

      1        THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
               GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT,
               GOVERNMENT OF KERALA, THIRUVANANANTHAPURAM-695 001

      2        THE SEPCIAL SECRETARY TO GOVERNMENT
               GENERAL EDUCATION (F) DEPARTMENT, GOVERNMENT OF
               KERALA, THIRUVANANTHAPURAM-695 001

      3        THE DEPUTY DIRECTOR OF EDUCATION
               EDUCATION DEPARTMENT, (GENERAL),
               KOLLAM, PIN-691 001

      4        THE DISTRICT EDUCATIONAL OFFICER,
               EDUCATION DEPARTMENT, (GENERAL),
               KOLLAM, PIN-691 001

      5        K.V.SOORYA KUMAR, KOCHUNJETTOOR, CLAPPANA P.O.,
               KARUNAGAPPALLY, KOLLAM, PIN-690 525

      6        SIDHARTHAN K., PANDAKASALATHARA,CLAPPANA NORTH,
               KARUNAGAPPALLY, KOLLAM, PIN-690 525

      7        KARTHIKEYAN, S/O.RARICHAN, VAYALITHARAYIL VEEDU, SREE
               MANDIRAM,,CLAPPANA NORTH, KARUNAGAPPALLY, KOLLAM,
               PIN-690 525

               BY ADVS.
               SMT.K.SUNITHA VINOD
               SRI.K.SUBASH CHANDRA BOSE
               SRI.P.M.MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2021, ALONG WITH WP(C).892/2019(J), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WPC 39920/18 & 892/19
                                2




               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                        WP(C).No.892 OF 2019(J)

PETITIONER:

               MURALEEDHARAN, S/O.NANU, RESIDING AT CHUNAKARA
               KIZHAKKETHIL, CLAPPANA, KARUNAGAPPALLY, KOLLAM,
               THE MANAGER, SVHSS, CLAPPANA, KOLLAM.

               BY ADV. SRI.O.D.SIVADAS


RESPONDENTS:

       1       THE DISTRICT EDUCATIONAL OFFICER,
               GENERAL EDUCATION DEPARTMENT, KOLLAM,
               PIN- 691001.

       2       THE DEPUTY DIRECTOR OF EDUCATION,
               GENERAL EDUCATION DEPARTMENT, CIVIL STATION,
               KOLLAM, PIN- 691001.

       3       THE HEADMISTRESS, SVHSS, CLAPPANA,
               KARUNAGAPPALLY, KOLLAM, PIN- 690525.

       4       RESHMA G.VIKRAMAN,
               GREESHALAYAM, CLAPPANA SOUTH, CLAPPANA P.O.,
               KARUNAGAPPALLY, KOLLAM, PIN- 6905252.


               BY ADVS.
               SRI.K.JAJU BABU (SR.)
               SMT.M.U.VIJAYALAKSHMI
               KUM.NEETU VINOD
               SRI.P.M.MANOJ - SR GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2021, ALONG WITH WP(C).39920/2018(L), THE COURT ON THE
 WPC 39920/18 & 892/19
                             3

SAME DAY DELIVERED THE FOLLOWING:
 WPC 39920/18 & 892/19
                                     4




                                  JUDGMENT

These two Writ Petitions have been filed

by Sri.N.Muraleedharan, who claims to be the

Manager of 'S.V. Higher Secondary School',

Karunagappally. His contention in these cases

is that even though his tenure, for which he

had been elected by the Corporate Educational

Agency as the Manager, had expired on

29.10.2015, he is entitled to continue as

Manager thereafter also on account of Clause V

of the approved bye-laws of the said Agency,

which mandates that the Manager can continue

until the next elections are held.

2. The petitioner has made various

allegations, averments and assertions in this

Writ Petition in substantiation of the prayers

sought for by him, but when this matter was

called today, Sri.O.D.Sivadas - his learned

counsel, conceded that elections to the

Educational Agency had been conducted pending WPC 39920/18 & 892/19

these cases and that the District Educational

Officer has approved the new Manager, through

order No.B4/525/2020/KDis dated 24.02.2020.

Thereafter, to a pointed question from this

Court, he admitted that the petitioner has no

further locus to maintain these Writ Petitions

but then added that certain appointments made

pending these matters are still in

controversy; and that a teacher may have

approached this Court through other Writ

Petition.

3. Even when I hear Sri.O.D.Sivadas as

afore, the fact remains that none of the

prayers in these Writ Petitions can be now

granted, since the petitioner himself admits

that he has been removed as a Manager and a

new Manager has been approved with effect from

24.02.2020. Obviously, therefore, the reliefs

sought for in these cases have now become

incapable of being granted and this is WPC 39920/18 & 892/19

expressly admitted by Sri.O.D.Sivadas also.

In the afore circumstances, without

entering into the merits of the rival

contentions of the parties in these cases, I

close them without any further orders, for the

reasons above.

Sd/-

DEVAN RAMACHANDRAN RR JUDGE WPC 39920/18 & 892/19

APPENDIX OF WP(C) 39920/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPROVED BYE-LAW OF THE S.V.H.S.S,CLAPPANA

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 16.09.2012

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/9527/12 KDIS DATED 15.12.2012 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.08.2016 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 16.9.2017 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE PLAINT AS OS NO.292/2017 FILED BY SRI.KARTHIKEYAN AND OTHERS BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 16.2.2018 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 1.4.2018 IN IA NO.1121/2017 IN OS NO.2982/2017 OF THE MUNSIFF'S COURT KARUNAGAPPALLY

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 24.4.2018 ISSUED BY THE PETITIONER

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 7.5.2018 ISSUED BY THE 4TH RESPONDENT OT THE PETITIONER

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 25.5.2018 ISSUED BY THE SNDP SAGHA YOGAM NO.181,CLAPPANA NORTH WPC 39920/18 & 892/19

PERTAINING OT THE ELECTION OF THE COMMITTEE

EXHIBIT P12 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 16.04.2018 BEFORE THE 1ST RESPONDENT

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 17.4.2018 IN W.P(C) NO.12699/2018 FILED BEFORE THIS HON'BLE COURT

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 2/06/2018 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 18.6.2018 IN W.P(C) NO.18642/2018 FILED BEFORE THIS HON'BLE COURT

EXHIBIT P16 TRUE COPY OF THE PROCEEDING DATED 5.06.2018 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 22.6.2018 IN W.P(C0 NO.20805/2018 FILED BEFORE THIS HON'BLE COURT

EXHIBIT P18 TRUE COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P19 TRUE COPY OF THE PROCEEDING DATED 21.11.2018 ISSUED BY THE 3RD RESPONDENT WPC 39920/18 & 892/19

APPENDIX OF WP(C) 892/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2018 ISSUED BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.B4/4405/2018/K.DIS. DATED 07.11.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE STATUTORY APPEAL DATED 12.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.B4/4405/2018 DATED 07.11.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 27.11.2018 IN WP(C)NO.38456 OF 2018 RENDERED BY THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 25.06.2018 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 05.01.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 02.06.2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 18.06.2018 IN W.P(C)NO.18642/2018 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DATED 05.06.2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 22.06.2018 IN W.P(C)NO.20805/2018 OF THIS HON'BLE COURT.

EXHIBIT P12 TRUE COPY OF THE ORDER DATED 21.11.2018 ISSUED BY THE 1ST RESPONDENT. WPC 39920/18 & 892/19

EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 19.12.2018 IN W.P(C)NO.39920/2018 ON THE FILES OF THIS HON'BLE COURT.

RESPONDENTS' EXTS:

EXT.R4(A) TRUE COPY OF THE APPLICATION FORM ALONG WITH THE COVERIG LETTER DATED 31.05.2018 SUBMITTED BY THE 4TH RESPONDENT TO THE MANAGER AND THE 1ST RESPONDENT.

EXT.R4(B) TRUE COPY OF THE LETTER VIDE NO.B4/3241/2018/L/DIS DATED 17.07.2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT

EXT.R4(C) TRUE COPY OF THE LETTER VIDE NO.B4/7652/2018 DATED 07.11.2018 ISSUED BY THE 1ST RESPONDENT TO THE GOVERNMENT.

EXT.R4(D) TRUE COPY OF THE JOINING REPORT DATED 07.11.2019 OF THE 4TH RESPONDENT COUNTER SIGNED BY THE HEADMISTRESS OF THE SCHOOL