Kerala High Court
V.K.Raghavan vs State Of Kerala on 2 November, 2021
WP(C) No.41502/2018 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
IA.NO.1/2021 IN WP(C) NO. 41502 OF 2018(S)
PETITIONER/PETITIONER:
V.K. RAGHAVAN, AGED 55 YEARS, VKR HOUSE,
NEAR BEDAKAM TILES FACTORY, OLD STUDENT,
KUNDAMKUZHY GOVERNMENT HIGHER SECONDARY SCHOOL,
KUNDAMKUZHY P.O., KASARAGOD DISTRICT.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-1.
2. KERALA STATE COMMISSION FOR SCHEDULED CASTES AND SCHEDULED TRIBES,
REPRESENTED BY ITS REGISTRAR, AYYAKALI BHAVAN, KANAKANAGER,
VELLAYAMBALAM, THIRUVANANTHAPURAM-3.
3. DISTRICT COLLECTOR, KASARAGOD.
4. VILLAGE OFFICER, BEDADKA VILLAGE, KASARAGOD DISTRICT.
5. MADHUSOODHANAN. M, S/O LATE MALINGAN. H, KARIYATH HOUSE, KOLATHUR
P.O., CHENGALA VILA, KASARGOD DISTRICT.
ADDL. RESPONDENTS
6. DISTRICT PANCHAYATH, KASARAGOD,
REPRESENTED BY ITS SECRETARY, CIVIL STATION,
VIDYA NAGAR P.O., KASARAGOD, PIN-671 123.
7. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, VIDYA NAGAR P.O., KASARAGOD, PIN-671 123.
8. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL,
KUNDAMKUZHY, KASARAGOD DISTRICT-671 541.
P.T.O.
WP(C) No.41502/2018 2/7
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
petitioner to implead the supplemental respondents 6 to 8 as additional
respondents in the above writ petition in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.KODOTH SREEDHARAN, Advocate for the petitioner in IA/WPC,
GOVERNMENT PLEADER for R1, R3 & R4 in IA/WPC, SRI.JAWAHAR JOSE, Advocates
for R5 in IA/WPC and of K.P. HARISH, SENIOR GOVERNMENT PLEADER for R7 in
IA/WPC the respondents, the court passed the following:
P.T.O.
WP(C) No.41502/2018 3/7
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
---------------------------------------------------------
I.A. No. 1 of 2021
in
W.P.(C) No. 41502 of 2018
---------------------------------------------------------
Dated this the 2nd day of November, 2021.
ORDER
S. MANIKUMAR,CJ.
Petitioner, a former student of the Kundamkuzhi Government
Higher Secondary School, has filed the instant writ petition for the
following reliefs:
1. A writ of certiorari or any other appropriate writ or order or direction
quashing Exts. P2 and P3.
2. An order of stay of all further proceedings pursuant to Ext. P2 and Ext.
P3 pending disposal of the writ petition.
2. Considering the prayers sought for and the materials on record, a
Division Bench of this Court on 19 th December, 2018 has passed the
following interim order:
"A former student of the Kundamkuzhi Government Higher
Secondary School has filed this Public Interest Litigation, being
aggrieved by the direction issued to the school authorities, to
return the alleged excess land, to one Madhusoodhanan M.
(respondent No.5).
2. The learned counsel Sri.Kodoth Sreedharan appearing
for the petitioner would submit that the land in question was
assigned decades earlier to one Malingan H. (father of the
respondent No.5) in the L.A.No.214/85/Bedaka in the Kasaragod
WP(C) No.41502/2018 4/7
District but the assignee never took possession of the land. On the
other hand, the Kundamkuzhi Government Higher Secondary
School has been in possession of the land for last several decades
and therefore even on merit, the Kerala State Commission for
Scheduled Castes and Scheduled Tribes ('the Commission' for
short) could not have issued any direction for return of the alleged
excess land, as has been done through the impugned order dated
24.4.2018 (Ext.P3).
3. Besides, the jurisdiction of the Commission to issue such
direction is also questioned by the petitioner by projecting that if
any grievance is to be entertained from the assignee, the same has
to be agitated in a civil court and not before the Commission.
4. The submissions made above are noted. The case is
admitted. The learned Government Pleader Sri.Aravinda Kumar
Babu accepts notice for the respondents 1, 3 and 4. Notice by
speed post be issued to the 5 th respondent. There will be an interim
stay as prayed for, pending disposal of the Writ Petition."
3. Sri. Madhusoodhanan M, S/o. Late Malingan H, Kariyath House,
Kolathur P.O., respondent No. 5, has filed a counter affidavit dated 16 th
September, 2021, for which a reply dated 4 th October, 2021 has been
filed by the writ petitioner.
4. Pending disposal of the writ petition, I.A. No. 1 of 2021 is filed
to implead the District Panchayat, Kasaragod represented by its
Secretary, Civil Station, Vidya Nagar P.O., Kasaragod - 671 123, Deputy
Director of Education, Kasaragod, Office of the Deputy Director of
WP(C) No.41502/2018 5/7
Education, Civil Station, Vidya Nagar P.O, Kasaragod - 671 123 and the
Principal, Government Higher Secondary School, Kundamkuzhy,
Kasaragod District - 671 541 as additional respondents 6 to 8. Reasons
assigned in the affidavit filed in support of the writ petition are as
follows:
2. In the above writ petition it was submitted by the
Government Pleader that the District Panchayath the custodian of the
property of the Government school under section 5A has constructed
a compound wall to the school incurring considerable amounts. It is
submitted that the property sought to be given possession and other
properties of the school falls within the compound wall. Though the
notice by the Commission was issued to the Deputy Director of
Education and Principal of the School by the Commission and reports
obtained, these authorities who are responsible for the upkeep of the
school and its properties are not on record. The non impleadment of
those respondents in the earlier stages of this writ petition was on
account of the non- availability of the
relevant reports with the writ petitioner and it not willful. Now that
since the Government Pleader on instructions from the concerned
authorities has appraised this Hon'ble Court about the ground
realities, it has become necessary to implead the supplemental
respondents as additional respondents for an effective disposal of the
case. Any inconvenience caused to this Hon'ble Court is deeply
regretted."
5. Sri. Jawahar Jose, learned counsel for respondent No.5,
submitted that earlier, the Principal, Government Higher Secondary
School, Kasaragod District, has filed a writ petition, W.P.(C) No. 33137 of
2018 and that the same was dismissed, as not pressed, as per judgment
WP(C) No.41502/2018 6/7
dated 26th November, 2018. However, Mr. Kodoth Sridharan, learned
counsel for the petitioner, submitted that the said writ petition was
withdrawn under the compulsion of the District Collector, Kasaragod,
respondent No.3.
6. Be that as it may, we are satisfied with the reasons assigned for
impleading the above said respondents. Accordingly, I.A. No.1 of 2021 is
allowed. Registry is directed to effect consequential changes.
7. Issue notice to respondents Nos. 6 and 8 by special messenger.
Sri. K.P. Harish, learned Senior Government Pleader, takes notice for
respondent No. 7.
Post the matter on 10.11.2021
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
02-11-2021 /True Copy/ Assistant Registrar
WP(C) No.41502/2018 7/7
APPENDIX OF WP(C) 41502/2018
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE COMMISSION DATED
15.09.2017
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT
COLLECTOR DATED 24.04.2018.
