Kerala High Court
K.Padmanabhan vs Kerala State Library Council on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 20726 OF 2011
PETITIONER:
K.PADMANABHAN
S/O.CHEKKUTTY, RESIDING AT KAIPPATTU HOUSE,,
IYYADU, UNNIKULLAM, KOZHIKODE DISTRICT.
BY ADV SRI.JACOB ABRAHAM
RESPONDENTS:
1 KERALA STATE LIBRARY COUNCIL
REPRESENTED BY ITS SECRETARY,, TRIVANDRUM.
2 KOZHIKODE DISTRICT LIBRARY COUNCIL
REPRESENTED BY ITS SECRETARY,, CENTRAL LIBRARY
BUILDING, KOZHIKODE,, PIN 673 001.
3 KOYILANDY TALUK LIBRARY COUNCIL
REPRESENTED BY ITS SECRETARY,, STADIUM BUILDING,
KOYILANDI,, KOZHIKODE. PIN - 673 305.
4 SECRETARY
CULTURAL AFFAIRS DEPARTMENT,, GOVERNMENT OF
KERALA,, SECRETARIAT, TRIVANDRUM.
BY ADVS.
SHRI.A.ARUNKUMAR, SC, KERALA STATE LIBRARY COUNCIL
SRI.P.V.SURENDRANATH
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20726/2011
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20726 of 2011
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Dated this the 24th day of February, 2022
JUDGMENT
This writ petition is filed with following prayers:
1. Declaring that the exhibit P-1 order passed by the
first respondent is illegal, incorrect and arbitrary,
malafide and is issued without jurisdiction and
issue a writ of certiorari or other appropriate writ
order or direction quashing exhibit P-1.
2. Direct the respondents two and three to annul all
acts taken by it in pursuance of exhibit P-1 and
desist from taking any action in furtherance of
exhibit P-1.
2A. Direct the respondents two and three to return to
the office bearers of the Sangamam Library and
Reading Room holding office at the time of exhibit
P-1 the possession and administration of the
same.
3. To pass such other order or orders for which the
petitioner may pray for and this honourable court
deem fit to grant. (SIC)
2. Petitioner is a member of Sangamam Library and
Reading Room, West Iyyadu, Unnikulam Panchayath,
W.P.(C).No.20726/2011
Kozhikode. According to the petitioner, this library was
established in the year 1985 and is serving the needs of the
people in the locality. This library is affiliated to the 1 st
respondent Council which is created under the Kerala Public
Libraries (Kerala Granthasala Sanghom) Act, 1989 (for short,
the Act of 1989). Ext.P1 is a notice issued by the Koyilandy
Taluk Library Council to one E.Prakashan, who is the then
Secretary of the library. It is stated in Ext.P1 to the effect
that, Koyilandy Taluk Library Council and District Library
Council came to the conclusion that the library is not
functioning properly. It is further stated in Ext.P1 that the
Kozhikode District Library Council authorised the Koyilandy
Taluk Library Council to constitute an Adhoc Committee for
the administration of the library. Accordingly it is decided by
the Koyilandy Taluk Library Council to convene a meeting of
the persons interested to the library. The meeting was
scheduled on 25.07.2011. Aggrieved by the same, this writ
petition is filed.
3. Heard the learned counsel for the petitioner,
learned Standing Counsel for respondents 1 to 3 and the
learned Government Pleader for the 4th respondent.
W.P.(C).No.20726/2011
4. The short point to be decided in this case is
whether the Taluk Library Council has got the power to take
over a library as per the Act of 1989 or as per the bye-law
framed by the 1st respondent as per the Act of 1989. The
learned Standing Counsel for respondents 1 to 3 made
available the bye-law framed as per the Act of 1989 and takes
me through Clause 6(9) of the bye-law which is the relevant
clause invoked to issue Ext.P1. It will be better to extract
Clause 6(9) of the bye-law:
"6. പൊതുസ്വഭാവം
1. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
2. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
3. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
4. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
5. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
6. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
7. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
8. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
9. കേരള പബ്ലിക് ലൈബ്രറീസ് ആക്റ്റിനും ചട്ടങ്ങൾക്കും
നിയമാവലിക്കും വിരുദ്ധമായി ഒരു ഗ്രന്ഥശാല
പ്രവർത്തിക്കുകയോ ഗ്രന്ഥശാലയുടെ ഭരണത്തിൽ സ്തംഭനം
ഉണ്ടാകുകയോ ചെയ്തതായി ബോദ്ധ്യപ്പെട്ടാൽ ഗ്രന്ഥശാലയുടെ
ഭരണവും ആസ്തി ബാദ്ധ്യതകളും റിക്കാർഡുകളും
താൽക്കാലികമായി താലൂക്ക് ലൈബ്രറി കൗൺസിലിനെ
W.P.(C).No.20726/2011
ക്കൊണ്ടോ ജില്ലാ ലൈബ്രറി കൗൺസിലിനെക്കൊണ്ടോ
ഏറ്റെടുപ്പിക്കുന്നതിനും പ്രസ്തുത ഗ്രന്ഥശാലയുടെ ഭരണം ഒരു
അഡ്ഹോക്ക് കമ്മിറ്റിയെ നിയോഗിച്ച് നടത്തുവാനും സ്റ്റേറ്റ്
ലൈബ്രറി കൗൺസിലിന് അധികാരം ഉണ്ടായിരിക്കുന്നതാണ്."
5. From a bare reading of Clause 6(9), it is clear that a
library can be taken over only by the State Library Council,
but of course it can be done temporarily through Taluk or
District Library Council. But order of the State Library
Council is necessary in that situation. I perused Ext.P1 order.
In Ext.P1 it is stated that the Kozhikde District Library Council
authorised the Koyilandy Taluk Library Council to take over
the library. The District Library Council or the Taluk Library
Council has no jurisdiction to take over a library as per Clause
6(9) of the bye-law. The State Library Council can entrust
temporarily the charge of a library to Taluk Library Council or
District Library Council and constitute an Adhoc Committee.
In this case, admittedly the Koyilandy Taluk Library Council
issued Ext.P1 notice based on an authorisation from the
Kozhikode District Library Council and took over the
administration of the library and it is now entrusted to an
Adhoc Committee. This is against Clause 6(9) of the bye-law
and hence is unsustainable. The learned Standing Counsel
W.P.(C).No.20726/2011
takes me through Ext.R1(l) produced along with the counter
affidavit. Ext.R1(l) is a letter dated 09.06.2011 from the 1 st
respondent Kerala State Library Council to the Secretary,
District Library Council, Kozhikode. This letter is issued by
the State Library Council delegating its power to the
Koyilandy Taluk Library Council. It is a fundamental principle
that a delegate cannot further delegate without backing of
law. A reading of Clause 6(9) of the bye-law, it is clear that, a
subjective satisfaction of the 1st respondent is necessary
before authorising District or Taluk Library Council to
constitute the Adhoc Committee. No such preliminary finding
of the 1st respondent is there about the functioning of the
library. In such circumstances the State Library Council
cannot delegate its power to take over the library to a Taluk
Library Council especially when there is no authority for the
State Library Council to delegate such power to the District
Library Council or the Taluk Library Council without a
preliminary finding that, the libarary is not functioning in
accordance to law or there is any stalemate in the functioning
of the library. In such circumstances, according to me, Ext.P1
is unsustainable. Moreover, Rule 10 of the Public Libraries
W.P.(C).No.20726/2011
(Kerala Granthasala Sanghom) Rules, 1991 says about the
power to withdraw affiliation. It will be better to extract Rule
10:
"10. Power to withdraw the affiliation.-
(1) Notwithstanding any provision contained in
the rules/bye-laws/regulations of an affiliated
library, the State Library Council shall be
competent to take suitable steps to take over
by itself the effects, assets and liabilities
shall be taken over by the Taluk Library
Council within the area of which the library
is situated when it is found that-
(i) the library has ceased to function and is
not in a position to get it revived; or
(ii) its functioning is such that taking over
of the assets etc. is absolutely
necessary to protect the interests of the
members;
(2) Action as per sub-rule (1) shall not be
finalised unless reasonable opportunity is
given to the committee of the library to
explain why such an action shall not be
finalised."
From Rule 10 also it is clear that only the State Council has
got jurisdiction to withdraw the affiliation of a library.
6. The learned Standing Counsel appearing for
W.P.(C).No.20726/2011
respondents 1 to 3 submitted that now an Adhoc Committee is
in charge of the library and it is functioning properly. It is also
submitted that now the area is bifurcated and the library is
functioning under Thamarassery Taluk Library Council. But
when the steps are taken, which leads to Ext.P1 is illegal, it is
a matter to be reconsidered by the 1 st respondent afresh. The
1st respondent can decide the matter afresh in accordance to
Clause 6(9) of the bye-law. The 1 st respondent can also take
appropriate steps for temporary arrangement regarding the
functioning of the library. The petitioner is free to approach
the 1st respondent with a representation for entrusting the
administration of the library to the earlier committee, till final
decision is taken by the 1 st respondent. If that is the case, the
1st respondent can consider the same also in accordance to
law.
Therefore, this writ petition is disposed of in the
following manner:
1. Ext.P1 is set aside.
2. The 1st respondent is free to take appropriate
steps in accordance to the Public Libraries
(Kerala Granthasala Sanghom) Rules, 1991
W.P.(C).No.20726/2011
and also as per the bye-law, as expeditiously as
possible, at any rate, within two months from
the date of receipt of a copy of this judgment.
3. Till a decision is taken by the 1 st respondent
about the question of take over of the library,
the 1st respondent can pass appropriate orders
regarding the administration of the library on
an adhoc basis.
4. The petitioner is free to file a representation
before the 1st respondent for entrusting the
administration to the earlier committee and if
such a representation is filed, the 1st
respondent will consider the same and pass
appropriate orders in accordance to law. The
1st respondent is free to make other
arrangements also, if it is not possible to
entrust the administration to the earlier
committee.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.20726/2011
APPENDIX OF WP(C) 20726/2011
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE THIRD RESPONDENT'S
NOTICE DATED 15.07.2011 TO ISSUED TO
E.PRAKASAN.
Exhibit P2 TRUE COPY OF THE LETTER DATED
08.05.2011 ISSUED BY THE SECRETARY OF
THE SANGAMAM LIBRARY AND READING ROOM
TO THE SECRETARY OF THE THIRD
RESPONDENT.
Exhibit P3 TRUE COPY OF THE MINUTES OF THE
EXECUTIVE COMMITTEE OF THE EXECUTIVE
COMMITTER OF THE LIBRARY DATED
07.05.2021.
Exhibit P4 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE EXECUTIVE COMMITTEE OF
THE LIBRARY HELD ON 18.02.2011.
Exhibit P5 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE EXECUTIVE COMMITTEE OF
THE LIBRARY HELD ON 25.11.2009.
Exhibit P6 THE TRUE COPY OF THE DISTRIBUTION
REGISTER OF THE BOOKS MAINTAINED BY
THE LIBRARY FROM
Exhibit P7 TRUE COPY OF THE COMPLAINT DATED
25.07.2011 OF RAMESAN SUBMITTED TO THE
SUB INSPECTOR OF POLICE, BALUSSERRY.
RESPONDENTS' EXHIBITS
Exhibit R1(a) COPY OF THE REPORT DATED 14.06.2010
Exhibit R1(b) COPY OF THE LETTER DATED 14.05.2009 OF
THE SECRETARY TALUK LIBRARY COUNCIL
Exhibit R1(c) COPY OF THE REPRESENTATION SUBMITTED
BY THE LOCAL PEOPLE
Exhibit R1(d) COPY OF THE REPRESENTATION SUBMITTED
BY THE CONVENOR LIBRARY PROTECTION
COMMITTEE
Exhibit R1(e) COPY OF THE COMMUNICATION DATED 26.
04.2011
Exhibit R1(f) COPY OF THE LETTER DATED 30.04.2011
Exhibit R1(g) COPY OF THE REPORT DATED 16.05.2011
W.P.(C).No.20726/2011
Exhibit R1(h) COPY OF THE SAID COMMUNICATION ISSUED
BY THE DISTRICT LIBRARY COUNCIL DATED
23.05.2011
Exhibit R1(i) COPY OF THE SAID NOTICE DATED
10.05.2011
Exhibit R1(j) COPY OF THE REPORT DATED 01.06.2011
Exhibit R1(k) COPY OF THE LETTER DATED 02.06.2011
Exhibit R1(l) COPY OF THE LETTER DATED 09.06.2011
Exhibit R1(m) COPY OF THE LETTER DATED 13.06.2011
Exhibit R1(n) COPY OF THE COMPLAINTS DATED
16.02.2010
Exhibit R1(o) COPY OF THESE COMPLAINTS DATED
10.03.2010
Exhibit R1(p) COPY OF THE RE[PRT DATED 11.05.2010
Exhibit R1(q) COPY OF THE COMPLAINT DATED 02.06.2010
Exhibit R1(r) COPY OF THE SAID EXPLANATION LETTER
DATED 21.02.2011
Exhibit R1(s) COPY OF THE REPORT DATED 29.07.2011
