Unnikrishnan C.A vs Deputy Director Of Education
2021 Latest Caselaw 18056 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                   THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                             &

                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

                                 WP(C) NO. 17968 OF 2018

PETITIONERS:
               UNNIKRISHNAN C.A, AGED 50 YEARS, SECRETARY, ACTION COUNCIL FOR
               HUMANITIES, 10/472 KARIMPUZHA, VAKKATAPURAM, PALAKKAD DISTRICT.

               BY ADVS.SRI.P.G.JAYASHANKAR
               SMT.LINTA VARGHESE

RESPONDENTS:
      1        DEPUTY DIRECTOR OF EDUCATION, PALAKKAD 678001.
      2        DISTRICT EDUCATIONAL OFFICER, MANNARKAD 678582.
      3        DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001
      4        THE DISTRICT COLLECTOR, PALAKKAD-678014.
      5        THE SECRETARY, KATAMPAZHIPURAM HIGH SCHOOL,P.O. KATAMPAZHIPURAM-
               678633. [CORRECTED] [ADDRESS OF R5 CORRECTED AS "THE SECRETARY,
               KATAMPAZHIPURAM GRAMA PANCHAYAT" AS PER ORDER DATED 12/06/2018 IN
               IA.10279/2018].
      6        THE ASSISTANT EXECUTIVE ENGINEER, LSGD OFFICE, SREEKRISHNAPURAM BLOCK
               PANCHAYAT, PO SREEKRISHNAPURAM-679513.
      7        THE ASSISTANT ENGINEER, LSGD OFFICE, KATAMPAZHIPURAM GRAMA
               PANCHAYATH, PO KATAMPAZHIPURAM-678633.
      8        THE MANAGER, KATAMPAZHIPURAM HIGH SCHOOL,P.O. KATAMPAZHIPURAM-
               678633.
      9        THE HEADMASTER, KATAMPAZHIPURAM HIGH SCHOOL,P.O. KATAMPAZHIPURAM-
               678633.
      10       STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL
               EDUCATION,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
               BY ADVS.GOVERNMENT PLEADER SRI.K.P.HARISH, SR.G.P.
               SRI.G.SREEKUMAR (CHELUR)
               K.RAVI (PARIYARATH)

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.17968 OF 2018
                                          :: 2 ::




                                       JUDGMENT

S.MANIKUMAR, C.J.

Petitioner in this writ petition is the Secretary of Action Council for

Humanities at Vakkatapuram in Palakkad district. Main concern raised by

the petitioner herein is with respect to the fitness of the

Katampazhipuram High school building in Palakkad district. According to

the petitioner, there is inaction on the part of the authorities in taking

appropriate action over Exhibits P1 to P3 complaints filed by the

petitioner. It is also contended that the education authority filed the

report before the Commission for Protection of Child Rights,

Thiruvananthapuram, without actually inspecting the school. Therefore,

the Commission has failed to comprehend the depth of the problem and

issued some recommendations, which practically do not address the issues

involved. Moreover, the recommendations of the Commission are yet to

be complied. Being aggrieved, petitioner has approached this court

seeking the following reliefs:

i) Declare that respondents 1 to 7 are under legal duty to properly inspect and assess the fitness of Katampazhipuram High School to run the school for the ensuing academic year, 2018-19.

WP(C) NO.17968 OF 2018 :: 3 ::

ii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 6th and 7th respondents not to grant fitness certificate for the academic year 2018-19 to Katampazhipuram High School before the school building and other infrastructure are properly renovated, maintained and strengthened and assessed on actual inspection.

iii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 4 th respondent to constitute a committee of senior experts from Public Works Department to assess the fitness of school building of Katampazhipuram High School to continue to run the school for the academic year 2018-19.

iv) Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 to allow the conduct of classes at Katampazhipuram High School only in class rooms for which fitness certificate is duly granted for the Academic year 2018-19.

v) Issue a writ of mandamus or other appropriate writ, direction or order directing the 5th respondent to enquire into and take appropriate action on Exhibit P2 representation in a time bound manner.

vi) Issue a writ of mandamus or other appropriate writ, direction or order directing the 4th respondent to enquire into and take appropriate action on Exhibit P1 representation in a time bound manner.

2. Materials on record disclose that vide Ext.P4(a) order dated

3.3.2018 the Kerala State Commission for Protection of Child Rights,

Thiruvananthapuram, had issued the following recommendations under

Section 15 of the Child Rights Protection Act, 2005: WP(C) NO.17968 OF 2018 :: 4 ::

(a) The 3rd respondent has to take action to issue fitness certificate in due course on completion of the works of class rooms at Katampazhipurmam high School situated within Katampazhipuram Grama Panchayat, Palakkad District.

(b) As the school is an aided school, steps have to be taken by the Management for construction of the compound wall. There would be a direction to the 2 nd respondent for ensuring that school management would construct the compound wall and other works soon.

3. In the counter affidavit filed on behalf of the first respondent, it

is categorically stated that though the H.S.Kadampazhippuram is an aided

school, Government funds are not allowed to maintain the aided school

buildings. Government funds are only used to issue salary to the teachers,

scholarship, noon meal to students, free text books and uniform. The

annual maintenance should be done by the management for which an

appropriate maintenance grant admissible is being paid. First respondent

has denied the allegation raised by the petitioner that the educational

authorities had submitted report to Kerala State Child Right Protection

Commission without proper inspection. It is stated that the District

Educational Officer, Mannarkkad has conducted an inspection and

submitted report stating that some damages are seen in the veranda of

school building, that droplet of rainy water are falling down somewhere.

Lack of sufficient light in some class rooms. The District Educational WP(C) NO.17968 OF 2018 :: 5 ::

Officer, Mannarkkad has directed the Headmaster-in-charge to clear all

difficulties. Fitness certificates received from Assistant Engineer, LSGD

Section, Kadampazhippuram Grama Panchayat shows that the building is

structurally fit for conducting classes under normal weather condition.

No defects are noted in the fitness certificate by Assistant Engineer dated

28.5.2018.

4. That apart, Manager, Katampazhipuram High School/

respondent No.8 in the counter affidavit has stated that the prayers

sought in the writ petition have become infructuous, but this Hon'ble

court necessarily has to conduct an enquiry as to how such unscrupulous

persons could institute proceedings before this Hon'ble court in public

interest when they are involved in so many litigations and they have got

substantial private interest and motive for instituting such proceedings.

Relevant portion in the counter affidavit reads as under:

"4. In the affidavit filed in support of the writ petition he states that he has no private or personal interest in the subject matter of the case and that he has not filed any application before this Hon'ble court or before any other Court seeking similar and identical reliefs on the same subject matter. This is apparently a wrong and false statement; a perjurious one and that he has indulged himself in several litigations targeting the present school and quite obvious in those litigations he was ventilating a personal grievance or that he was attempting to have a veiled attack on the school on behalf of certain other persons who have instituted the proceedings. This is explicitly clear from the many proceedings WP(C) NO.17968 OF 2018 :: 6 ::

already had before the Munsiff court, Ottapalam. One Ravichandran, instituted O S No 30 of 2018 before the Munsiff court, Ottapalam in which to support the said Ravichandran who is hand in glove with this Unnikrishnan, as the fourth defendant and in the plaint itself at paragraph 6 it is stated that the public spirited person of the place had issued a letter to the United States of America and that he had a complaint lodged stating that a power of attorney under which a co- owner gave up her rights is the result of fraud perpetrated on the basis of which the police registered a case as Crime No 211 of 2017 which, I would submit stands stayed. All these matters are referred to in the plaint submitted in OS No 30 of 2018 before the Munsiff court, Ottapalam.

5. O S No 21 of 2017 is yet another suit which is pending between the persons who were otherwise co owners, in which the educational authorities are also there and this could be seen from the copy of the plaint. A true Copy of the plaint in O S No 21 of 2017 on the file of the Sub court, Ottapalam dated 31.3.2017 is herewith produced as Exhibit-R8(b). In this suit this writ petitioner has filed an application for getting himself impleaded in the said proceedings. The same is filed as I A No 1568 of 2017 in O S No 21 of 2017 on the file of the Sub court, Ottapalam.

6. The said K M Ravichandran who was one among the persons who raised a claim has filed O S No 90 of 2018 before the Munsiff court. Ottapalam and the matter is also pending.

7. The fact remains that the case of K M Ravichandran and the writ petitioner who works in tandem and they by themselves operate as members of single cartel for the prupose of somehow usurping the school from the hands of the existing management. The present writ petition is an off shoot of all proceedings. There is also yet another original petition pending before the Hon'ble court which would also go to show that what is attempted to be stated by the writ petitioner in the present writ petition is absolute illegality.

8. None of these facts are divulged by the writ petitioner and he comes before this Hon'ble court as an innocuous litigant who is substantially swayed by public interest and that according to him he wants to see that the school is run properly and that he has submitted substantial representation in this regard. He also speaks of the Kerala State Commission for protection of child life proceedings but it is worthwhile to note that all those proceedings have no legal impact and inspite of all these factors the fitness WP(C) NO.17968 OF 2018 :: 7 ::

certificate has been issued. This is a clear case in which the entire writ petition is the result of gross of abuse of process of law and court. The prayers sought in the writ petition have become infructuous but the fact remains that this Hon'ble court necessarily has to conduct an enquiry as to how such unscrupulous persons could institute proceedings before this Hon'ble court in public interest when they are involved in so many litigations and they have got substantial private interest and motive for instituting such proceedings."

5. Considering the entire facts and circumstances of the case, we are

of the view that the prayer sought for has already been addressed and

nothing survives in this writ petition for further adjudication.

Writ petition is dismissed.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes WP(C) NO.17968 OF 2018 :: 8 ::

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 02.02.2017 SENT BY THE PETITIONER TO THE DISTRICT COLLECTOR, PALAKKAD POINTING OUT THE PATHETIC CONDITION OF THE SCHOOL BUILDING AND INFRASTRUCTURE FACILITIES AT KATAMPAZHIPURAM HIGH SCHOOL.

EXHIBIT P1A TRUE ENGLISH TRANSLATION OF EXHIBIT P1.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 02.02.2017 SENT BY THE PETITIONER TO THE SECRETARY, KATAMPAZHIPURAM GRAMA PANCHAYAT POINTING OUT THE PATHETIC CONDITION OF THE SCHOOL BUILDING AND INFRASTRUCTURE FACILITIES AT KARAMPAZHIPURAM HIGH SCHOOL.

EXHIBIT P2A TRUE ENGLISH TRANSLATION OF EXHIBIT P2.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 03.02.2017 SENT BY THE PETITIONER TO THE KERALA STATE CHILD RIGHTS COMMISSION POINTING OUT THE PATHETIC CONDITION OF THE SCHOOL BUILDING AND INFRASTRUCTURE FACILITIES AT KATAMPAZHIPURAM HIGH SCHOOL.

EXHIBIT P3A TRUE ENGLISH TRANSLATION OF EXHIBIT P3.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.03.2018 IN C.R.M.P NO. 1275/9/LA2/2017/KESCPCR ISSUED BY KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS.

EXHIBIT P4A TRUE ENGLISH TRANSLATION OF EXHIBIT P4.

RESPONDENTS' EXHIBITS:

EXT.R8(a) A TRUE COPY OF THE PLAINT IN O.S. NO.30 OF 2018 ON THE FILE OF THE MUNSIFF COURT, OTTAPALAM DATED 1.2.2018.

EXT.R8(b) A TRUE COPY OF THE PLAINT COPY IN O.S.NO.21 OF 2017 ON THE FILE OF THE SUB COURT, OTTAPALAM DATED 31.3.2017.

EXT.R8(c) A TRUE COPY OF THE APPLICATION FILE BY THE WRIT PETITIONER AS I.A. NO.1568 OF 2017 IN O.S.NO.21 OF 2017 ON THE FILE OF THE SUB COURT, OTTAPALAM DATED 5.10.2017.

EXT.R8(d) A TRUE COPY OF THE PLAINT IN O.S.NO.0 OF 2018 ON THE FILE OF THE MUNSIFF COURT, OTTAPALAM DATED 23.3.2018.

// TRUE COPY //

P.S. TO JUDGE