Sri Sai Sankara Santhikendram vs Board Of Control For The Orphanage ...
2021 Latest Caselaw 18019 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943
                        WP(C) NO. 12138 OF 2020
PETITIONER:

          P.N.SREENIVASAN
          DIRECTOR, SAI SANKARA SHANTHI KENDRAM, MANICKAMANGALAM
          P.O., KALADY PIN 683 574.

          BY ADV JOSE J.MATHEIKEL



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM PIN -
          682 030

    2     THE ADDITIONAL DISTRICT MAGISTRATE
          CIVIL STATION, KAKKANADU, ERNAKULAM PIN - 682 030.

    3     PARAMESHWARAN PILLAI,
          SAI SANTHIKENDRAM , MANICKAMANGALAM, P.O., KALADY,
          ERNAKULAM DISTRICT, PIN - 683 574.

    4     THE DISTRICT SOCIAL WELFARE OFFICER,
          CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682 030.

          ADV.SMT.DEEPA NARAYANAN, SENIOR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.09.2021, ALONG WITH WP(C).12378/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.12138/2020 &
12378/2021
                              2



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943
                   WP(C) NO. 12378 OF 2021
PETITIONER:

          SRI SAI SANKARA SANTHIKENDRAM
          GOVT REG.NO.1067,MANCKAMANGALAM.P.O,
          KALADY,ERNAKULAM DISTRICT,PIN-683574,
          REPRESENTED BY ITS DIRECTOR,P.N.SREENIVASAN.

          BY ADV JOSE J.MATHEIKEL



RESPONDENT:

          BOARD OF CONTROL FOR THE ORPHANAGE AND OTHER
          CHARITABLE HOMES KERALA,
          DIRECTORATE OF SOCIAL WELFARE,VIKAS
          BHAVAN,THIRUVANANTHAPURAM-695033,
          REPRESENTED BY ITS MEMBER SECRETARY.

          ADV.SMT.DEEPA NARAYANAN, SENIOR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.09.2021, ALONG WITH WP(C).12138/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.12138/2020 &
12378/2021
                                    3



                P.V.KUNHIKRISHNAN, J
     ------------------------------------------
     W.P.(C)Nos.12138 of 2020 and 12378 of 2021
     ------------------------------------------
          Dated this the 2nd day of September 2021

                             JUDGMENT

These two writ petitions are connected and

therefore I am disposing these two writ petitions by

a common judgment. I will consider the contentions

in W.P.(C)No.12138/2020 at first.

2. The petitioner in this writ petition is

running an old age home at Manickamangalam, Kalady

in Ernakulam district. According to the petitioner,

he is protecting the old aged persons in the

society. It is the case of the petitioner that some

of the inmates are staying in the institution free

of cost. The 3rd respondent is an inmate in the

above institution from 20.05.2017. At the time of

admission, it is stated that the 3rd respondent paid

an amount of Rs.3 lakhs. Ext.P1 is the bank

statement showing the payment. While paying the

above amount, it is the case of the petitioner that WP(C) Nos.12138/2020 & 12378/2021

the 3rd respondent requested him to issue a receipt

showing the payment of Rs.6 lakhs for using it as a

help to collect amount from his friends and

relatives and further agreeing to pay the balance

amount of 3 lakhs immediately. Hence, according to

the petitioner the receipt for Rs.6 lakhs was

issued. Subsequently, the 3rd respondent approached

the 1st respondent with certain allegation against

the petitioner's old age home. Notice was issued to

the petitioner. The petitioner submitted their

explanation before the 1st respondent. Subsequently,

Ext.P4 order is passed by the 1st respondent in which

it is stated that the petitioner should return an

amount of Rs.6 lakhs to the 3rd respondent. There is

a further direction by the 1st respondent to the

authority concerned to inspect the old age home of

the petitioner and make sure that the inmates are

staying there without any problem. The petitioner

is challenging Ext.P4 order in this writ petition.

3. W.P.(C)No.12378/2021 is filed alleging that

the application for renewal of recognition submitted WP(C) Nos.12138/2020 & 12378/2021

by the petitioner is not considered by the authority

concerned.

4. Heard the learned counsel for the

petitioner, the learned Government Pleader and the

learned counsel who appeared for the 3rd respondent

in W.P.(C)No.12138/2020.

5. The learned counsel for the petitioner

reiterated the contentions in the writ petition.

The learned counsel submitted that, a perusal of

Ext.P4 order will show that the 3rd respondent in

W.P.(C)No.12138/2020 admitted that he is staying in

the old age home and he is even ready to pay an

amount of Rs.7,000/-(Rupees Seven thousand only) per

month as remuneration for his stay. That is not

considered by the 1st respondent while passing Ext.P4

order. Several other contentions were also raised

by the learned counsel for the petitioner. The

learned counsel for the 3rd respondent submitted that

the District Collector after considering all the

contentions of the petitioner and also the pathetic

situation of the 3rd respondent, passed Ext.P4 order. WP(C) Nos.12138/2020 & 12378/2021

It is the specific case of the 3rd respondent that he

is not getting even food from the old age home,

which is disputed by the learned counsel for the

petitioner. The learned counsel for the 3rd

respondent submitted that the 3rd respondent is

entitled the entire amount of Rs.6 lakhs which he

paid to the petitioner.

6. The learned Government Pleader submitted

that there are several allegations against this old

age home and appropriate steps are being taken

against the old age home authorities. The learned

Government Pleader submitted that the application

submitted by the petitioner for renewal of

recognition is not within time. But the learned

Government Pleader conceded that the final orders

are not passed in it because the petitioner is

directed to produce certain documents and the same

is not produced. The learned counsel for the

petitioner submitted that all those documents were

produced on 09.08.2021.

7. In the facts and circumstances of the case, WP(C) Nos.12138/2020 & 12378/2021

there can be a direction to the authority concerned

to pass final orders in the renewal application of

the petitioner in W.P.(C)No.12378/2021.

8. As far as the grievance of the petitioner

in W.P.(C)No.12138/2020 is concerned, I do not want

to make any observation on merit and I do not want

to interfere with Ext.P4 order also. But it is the

specific case of the petitioner that the 3rd

respondent is even now residing in the old age home

and the authorities of the old age home is giving

food and shelter to the 3rd respondent. The learned

counsel for the 3rd respondent disputed the same and

submitted that no food is supplied by the old age

home authorities to the 3rd respondent. According to

me, these are matters to be decided by the 1 st

respondent. Any deduction from the amount which is

already allowed in Ext.P4 order can be considered by

the 1st respondent, if a fresh representation is

submitted by the petitioner in W.P.(C)No.12138/2020,

narrating his grievance. If such a representation

is received, there can be a direction to the 1 st WP(C) Nos.12138/2020 & 12378/2021

respondent to consider the same after giving an

opportunity of hearing to the petitioner and the 3rd

respondent.

Therefore, these writ petitions are disposed in

the following manner:

i) The petitioner in W.P.(C)No.12138/2020

is allowed to file a representation for getting

reduction in the amount ordered to be paid as per

Ext.P4 within three weeks from the date of receipt

of a copy of this judgment.

ii) If such a representation is received by

the 1st respondent, the 1st respondent will consider

the same after giving an opportunity of hearing to

the petitioner and the 3rd respondent as

expeditiously as possible, at any rate, within three

months from the date of receipt of such

representation.

iii) I make it clear that I have not

considered the matter on merit and the 1st respondent

is free to pass appropriate orders in accordance to

law.

WP(C) Nos.12138/2020 & 12378/2021

iv) The further recovery based on Ext.P4

order will be subject to the result of the final

decision taken by the District Collector in the

above representation, on condition that the

petitioner in W.P.(C)No.12138/2020 will pay an

amount of Rs.1 lakh to the 3rd respondent within one

month from today. This will be in addition to the

amount of Rs.1,50,000/-(Rupees One lakh fifty

thousand only) paid as per the interim order passed

in this case.

v) The application submitted by the

petitioner in W.P.(C)No.12378/2021 for the renewal

of recognition which is referred in Ext.P3 will be

considered by the respondent, as expeditiously as

possible, at any rate within three months from the

date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) Nos.12138/2020 & 12378/2021

APPENDIX OF WP(C) 12378/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 18.3.2004

EXHIBIT P2 TRUE COPY OF CERTIFICATE OF RENEWAL OF REGISTRATION DATED 3/9/2014

EXHIBIT P3 TRUE COPY OF LETTER DATED 27/11/2020 FROM MEMBER SECRETARY OF RESPONDENT. WP(C) Nos.12138/2020 & 12378/2021

APPENDIX OF WP(C) 12138/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF RELEVANT PORTION OF BANK STATEMENT

EXHIBIT P2 TRUE COPY OF NOTICE DATED 28-02-2020

EXHIBIT P3 TRUE COPY OF STATEMENT DATED 11/3/2020

EXHIBIT P4 TRUE COPY OF ORDER DATED 5/6/2020 BY COLLECTOR

EXHIBIT P5 TRUE COPY OF CERTIFICATE OF RECOGNITION

RESPONDENT EXHIBITS

EXHIBIT -R3(a) A TRUE COPY OF THE RECEIPT NO. 3353 DATED 20-05-2017 FOR RS. 6,00,000/- ISSUED FROM SAI SANKARA SANTHI KENDRAM

EXHIBIT -R3(b) A TRUE COPY OF THE AGREEMENT EXECUTED ON 20-05-2017

EXHIBIT R3(c) A COPY OF LETTER DATED 21-12-2019 ISSUED TO THE PETITIONER FROM OCB

//TRUE COPY//

PA TO JUDGE