V.K.Jose vs The State Of Kerala
2021 Latest Caselaw 20826 Ker

Citation : 2021 Latest Caselaw 20826 Ker
Judgement Date : 6 October, 2021

Kerala High Court

V.K.Jose vs The State Of Kerala on 6 October, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 20100 OF 2021
PETITIONER/S:
    1    V.K.JOSE,AGED 69 YEARS
         S/O. V.V.KORAH. EDASSERIL VELLAVOOR, THOTTAMOM,
         RANNI, (MANAGING TRUSTEE, THE MALANKARA SYRIAN
         KNANAYA CHURCH, RANNI VALIAYAPALLI, RANNY), PIN-
         689 672, PATHANAMTHITTA
    2          SHEEBI JOSEPH,AGED 59 YEARS
               S/O. P.T.JOSEPH, PURACKAL, EETTICHUVADU P.O.,
               RANNY, PATHANAMTHITTA,PIN-689 675 ( COMMITTEE
               MEMBER OF MALANKARA SYRIAN KNANAYA CHURCH, RANNI
               VALIAYAPALLI, RANNY, PATHANAMTHITTA)
               BY ADVS.C.S.MANILAL
               S.NIDHEESH

RESPONDENT/S:
    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         HEALTH AND FAMILY WELFARE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2          THE DISTRICT COLLECTOR,
               PATHANAMTHITTA, (CHAIRMAN, DISTRICT DISASTER
               MANAGEMENT AUTHORITY, PATHANAMTHITTA), CIVIL
               STATION, PATHANAMTHITTA-689 645
    3          THE DEPUTY COLLECTOR (D.M.)
               CIVIL STATIN, PATHANAMTHITTA-689 645
    4          TEH DISTRICT MEDICAL OFFICER,
               OFFICE OF THE D.M.O., PATHANAMTHITTA-691 523

OTHER PRESENT:
         SMT.VIDYA KURIAKOSE, GP

        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   06.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                             -2-
W.P.(C). No. 20100 of 2021



                                 P.V.KUNHIKRISHNAN, J.
                                ==============================================================

                               W.P.(C) No.20100 of 2021 -J
                      ===================================================================================

                    Dated this the 6th day of October, 2021

                                                JUDGMENT

The above writ petition is filed with following reliefs:

1. Issue a writ of Mandamus or any other appropriate writ, order or direction, calling for the records leading to Ext-P9 and quash the same as illegal.

2. Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to reconsider Ext-P9 in the light of the subsequent change of circumstances mentioned in Para 9 of the Writ Petition and in the light of Ext-P10 request.

3. Issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to give permission to consider election to the governing body of St.Thomas College, Ranny scheduled on

W.P.(C). No. 20100 of 2021

29/10/2021 in the interest of justice.

4. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interests of justice."

2. The petitioners are the trusty and member of the

Malankara Syrian Knanaya Church, Ranny which run the

St.Thomas College and the School. The Governing body of the

church, the school and the college are elected by the General

body of parishes and the term is for three years. Admittedly,

the term expired on 21.01.2021. The election to the church

and the school is already over. The election to the college is

not completed because of Covid-19 pandemic. It is the case of

the petitioners that former manager is continuing as the

manager of the college and unless a new manager is elected,

there will be difficulties for the day-to-day affairs of the

college. It is the definite case of the petitioners that the

petitioners are ready to conduct the election strictly following

W.P.(C). No. 20100 of 2021

the Covid-19 protocol notified by the Government. The

petitioners submitted that even though about the 3000

members are there, only about 600 to 800 people will come

for voting and the petitioner is ready to arrange sufficient

number of booths to conduct the election.

3. The learned Government Pleader on the other hand

submitted that the authorities concerned convened a meeting

of the petitioners and other stakeholders on 17.08.2021. The

learned Government Pleader submitted that there was a

representation from the senior citizens, who are members of

the General body and they submitted that there is difficulty to

cast their vote if there are no sufficient number of booths. It is

submitted by the learned Government Pleader that a

suggestion was made to the parties that if booths are arranged

in St.Thomas Valiyapally and seven allied Kurishupallies of the

Valiyapally, the election can be conducted. It is also submitted

W.P.(C). No. 20100 of 2021

that the parties were not agreeable for the same and hence,

Ext.P9 order was passed.

4. The learned counsel for the petitioners submitted

that in the light of the subsequent developments, especially the

Government Order dated 17.09.2021, which is produced as

Ext.P11, the Covid-19 restrictions were reduced substantially

and the election can be conducted as directed by the authority

concerned also. The learned counsel submitted that the

petitioners are ready to arrange booths in St.Thomas

Valiyapally and seven allied Kurishupallies of the Valiyapally

also, so that the election can be completed immediately.

5. In the light of the above submissions, I think the

matter can be considered by the 2 nd respondent and pass

consequential order allowing the petitioners to conduct the

election with the above conditions and other Covid-19

restrictions. A formal order can be passed by the 2 nd

W.P.(C). No. 20100 of 2021

respondent including the above conditions and restrictions in

accordance to the Covid-19 Protocol.

Therefore, this writ petition is disposed of with following

directions:

1. The 2nd respondent is directed to reconsider the matter and allow the petitioners to conduct the election strictly following the Covid-19 Protocol and strictly in accordance with Ext.P11 Government Order.

2. The 2nd respondent will also direct the petitioners to create sufficient number of booths at St.Thomas Valiyapally and seven allied Kurishupallies of the Valiyapally, so that there will not by any problem for casting votes to the voters including senior citizens.

Sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20100 of 2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BY LAW ST.THOMAS COLLEGE, RANNY Exhibit P2 TRUE COPY OF THE MINUTES OF THE MEETING DATED 18.4.2021 Exhibit P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 21.4.2021 Exhibit P4 TRUE COPY OF THE REQUEST DATED 27.7.2021 MADE BEFORE THE 2ND RESPONDENT BY THE VICAR OF THE CHURCH Exhibit P5 TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 30.7.2021 TO THE TAHSILDAR RANNY Exhibit P6 TRUE COPY OF THE NEWS ITEM REPORTED IN THE MALAYALA MANORAMA DATED 16.9.2021 Exhibit P7 TRUE COPY OF THE NEWS ITEM IN MALAYALA MANORAMA DAILY DATED 15.9.2021 Exhibit P8 TRUE COPY OF THE NEWS ITEM IN MALAYALA MANORAMA DATED 15.9.2021 Exhibit P9 TRUE COPY OF THE ORDER DATED 9.9.2021 ISSUED BY 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REQUEST DATED 15.9.2021 TO THE DISTRICT COLLECTOR ALONG WITH RECEIPT Exhibit P11 TRUE COPY OF THE GOVT.ORDER DATED 17/9/2021 Exhibit P12 TRUE COPY OF THE GOVT.ORDER DATED 25/9/2021