Kerala High Court
Nidheesh V.S vs State Of Kerala on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 13893 OF 2021
PETITIONER/S:
NIDHEESH V.S
AGED 36 YEARS
S/O. SANKARAN, PTA PRESIDENT, GOV. LP SCHOOL,
KOTTAYI, PALAKKAD, RESIDING AT VADAKKETHIL
HOUSE, CHENNANGAD P.O, KOTTAYI, PALAKKAD 678 573
BY ADV R.LEELA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, CHIEF SECRETARY'S OFFICE,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE SECRETARY TO GOVERNMENT
PUBLIC WORKS DEPARTMENT, 2ND FLOOR, SOUTH BLOCK,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
3 THE SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, 2ND FLOOR,
SECRETARIAT ANNEX 1, THIRUVANANTHAPURAM 695 001
4 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM 695 014
5 THE DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD 678 001
6 THE EXECUTIVE ENGINEER
PWD BUILDING, CIVIL STATION, PALAKKAD 678 001
7 THE SECRETARY
KOTTAYI GRAMA PANCHAYATH, KOTTAYI, PALAKKAD
DISTRICT 678 572
8 PREMINI NAIR
32 B, 4TH A CROSS, 3RD BLOCK, BRBR LAYOUT,
BANGALORE 560 043
-2-
W.P.(C). Nos. 13893 & 14851 of 2021
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
BRIJESH MOHAN
S.LAKSHMY
R.RAJPRADEEP
S.AMINA
RENI JAMES
U.RAVISANKAR
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, ALONG WITH WP(C).14851/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
W.P.(C). Nos. 13893 & 14851 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 14851 OF 2021
PETITIONER/S:
1 MRS.CHERUVATHUR PREMINI NAIR
AGED 66 YEARS
D/O.U.K.NAIR, RESIDING AT NO.328, 4TH A CROSS,
3RD BLOCK, 3RD MAIN, HRBR LAYOUT, KALYN NAGAR,
BANGALORE - 560043.
2 REMA DEVI
W/O.SRI.C.K.KESHAVAN NAIR, AGED 65 YEARS,
RESIDING AT NO.18, PAPANA LAYOUT, NEAR
PANCHAYATH OFFICE, BANGALORE - 560 043.
3 P.KRISHNAN
S/O.SRI.C.K.KESHAVAN NAIR, AGED 35 YEARS,
RESIDING AT NO.18, PAPANA LABOUT, NEAR
PANCHAYATH OFFICE, BANGALORE - 560043.
BY ADVS.
S.LAKSHMY
S.AMINA
RENI JAMES
S.SHAFEEKA
U.RAVISANKAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD - 680 001.
-4-
W.P.(C). Nos. 13893 & 14851 of 2021
3 THE DISTRICT COLLECTOR
PALAKKAD, PIN - 678 013.
4 THE TAHSILDAR (LR) ALATHOOR TALUK
PALAKKAD DISTRICT, PIN - 678 541.
5 THE VILLAGE OFFICER
KOTTAYI-I, PALAKKAD, PIN- 678 572.
6 THE SECRETARY, KOTTAYI GRAMA PANCHAYAT
PALAKKAD DISTRICT - 678 572.
7 GOVERNMENT LOWER PRIMARY SCHOOL
KOTTAYI, CHERUKULAM POST, KOTTAYI, PALAKKAD
DISTRICT - 678 572, REPRESENTED BY
HEADMASTER/HEADISTRESS.
8 THE PRESIDENT, PTA, GLPS
KOTTAYI, CHERUKULAM POST, KOTTAYI, PALAKKAD
DISTRICT - 678 572.
BY ADVS.
K.ANAND
R.LEELA
BENNY ANTONY PAREL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, ALONG WITH WP(C).13893/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-5-
W.P.(C). Nos. 13893 & 14851 of 2021
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) Nos. 13893 & 14851 of 2021
=============================================================
Dated this the 8th day of June, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am
disposing of these writ petitions by a common judgment.
The prayers in WP(C) No.13893 of 2021 read thus:
"1. Call for the records from the office of the 7th
respondent pursuant to Ext.P8 and quash the same.
2. To issue a writ of mandamus or any other writ
order/direction directing the 7th respondent to take
immediate steps to demolish the existing school building
so as to facilitate the construction works.
3. To issue a writ of mandamus or any other writ
order/direction directing the 6th respondent to take
immediate steps to secure all administrative sanction
and commence the construction work to finish it before
the next academic year i.e., 2022-2023.
4. Issue any such other writ order or direction as this
Hon'ble Court deems fit in the circumstances of the
case; And13893
W.P.(C). Nos. 13893 & 14851 of 2021
5. To grant the cost of this petition."
2. I will consider the contentions in WP(C) No. 13893
of 2021 first. The petitioner herein is the PTA President of
Government L.P.School, Kottayi, Palakkad. The counsel for the
petitioner submitted that the petitioner is aggrieved by the
inaction on the side of the 6th and 7th respondents in not taking
any steps to implement the Government Order
No.2974/2020/G.Edn. Dated 04.11.2020 for the construction of
the school building in the area, which is found to be a
Government Purambokku by the 5th respondent. Ext.P1 is the
list of elementary schools for boys and girls in the District of
Malabar during the period of 1936-1937, in which the
petitioner's school finds a place. Ext.P2 is the Government
Order by which the construction of the school building of
Government LP School, Kottayi, Palakkad is sanctioned.
Ext.P2 is dated 04.11.2020. Ext.P3 is the permission given by
W.P.(C). Nos. 13893 & 14851 of 2021
the Assistant Engineer, PWD to the Headmistress of the School.
The petitioner in WP(C) No.14851 of 2021 raised a claim to the
property in which the construction was going to be carried out
based on Exts.P2 to P4. The same was considered by the
District Collector and Ext.P4 order was passed, in which it is
stated that the school building is going to be constructed in a
Puramboku and the petitioner in WP(C) No.14851 of 2021 has
no right. Ext.P4 produced in WP(C) No.13893 of 2021 is
challenged in WP(C) No.14851 of 2020, in which Ext.P4 is
Ext.P21. The prayer in WP(C) No. 14851 of 2021 is extracted
hereunder:
"[i] Issue a writ of certiorari or other appropriate writ
order or direction quashing Exhibit P 21 order of the
third respondent in File No. DCPKD/11537/2019 LRG-
9 dated 23/06/2021 and all further proceedings
pursuant thereto.
[ii] Issue a writ of mandamus or other appropriate writ
order or direction directing the fourth respondent to
correct the revenue records with regard to the properties
W.P.(C). Nos. 13893 & 14851 of 2021
owned by the petitioners and leased out to the seventh
respondent.
[iii] Issue a writ of mandamus or any other appropriate
writ order or direction directing the respondents 2 to 7
to refrain from demolishing the school building in the
properties owned by the petitioners
[iv] Issue such other appropriate writ order or direction
that may be deemed fit to be granted in the facts and
circumstances of the case.
[v] To grant such reliefs as this Honourable Court may
deem fit and proper in the interest of justice."
3. When WP(C) No.14851 of 2021 came up for
consideration on 27.07.2021, this Court passed the following
order.
"Notice before admission to the respondents. The
learned Government Pleader takes notice for
respondents 1 to 5 and 7. Issue urgent notice by speed
post to respondents 6 and 8.
I have heard Smt.Lakshmy S, the learned counsel
appearing for the petitioners and the learned
Government Pleader.
It is submitted that pursuant to the passing of the
impugned order, the respondents have demolished
W.P.(C). Nos. 13893 & 14851 of 2021
certain portions of the school building. I direct the
parties to maintain status quo and the respondents are
interdicted from committing any further demolition on
the strength of Ext.P21 order."
4. Thereafter, the matter was considered again by this
Court and another order was passed on 06.10.2021 in WP(C)
No.14851 of 2021, which is also extracted hereunder:
"This Court passed an interim order dated
27.07.2021, directing the parties to maintain status
quo. The respondents were interdicted from committing
any further demolition on the strength of Ext.P21 order.
The learned counsel for the 8th respondent submits that
the status quo order has obstructed the course of
construction of a new School Building for which
financial aid has been received from the Government of
Kerala. Unless this amount is utilised for the
construction of the School Building, it is likely to be
lapsed. In such circumstances, it is clarified that the
interim order dated 27.07.2021 will not stand in the
way of construction of the School Building availing
financial aid.
However it is made clear that the ownership
claim over the property in question and the building to
be constructed will be subject to the outcome of the writ
petition."
W.P.(C). Nos. 13893 & 14851 of 2021
5. In the order dated 06.10.2021, this Court clarified
that the interim order dated 27.07.2021 will not stand in the way
of construction of the school building availing financial aid.
But this Court made it clear that the ownership claim over the
property in question and the building to be constructed will be
subject to the outcome of the writ petition.
6. The counsel for the petitioner in WP(C) No.13893 of
2021 submitted that even as per the clarification order passed
by this Court, the construction is not started. Hence, the
petitioner in WP(C) No.13893 of 2021 submitted that there may
be a direction to proceed with the construction.
7. On the other hand, the petitioner in WP(C) No.14851
of 2021 submitted that the petitioner has got right over the
property based on Ext.P1 partition deed. The counsel for the
petitioner in WP(C) No.14851 of 2021 submitted that one fine
W.P.(C). Nos. 13893 & 14851 of 2021
morning this property changed as Puramboku land and actually
the petitioner is the absolute owner.
8. This Court considered the contentions of the
petitioner and the respondents. The Government Pleader
submitted that a statement is filed and there is nothing to
interfere with the order passed by the District Collector. The
Government Pleader submitted that the school building is going
to be constructed in a Puramboku area belongs to the
Government.
9. After going through the pleadings in the writ petition
and also after hearing the counsel appearing for the parties,
including the Government Pleader, I am of the considered
opinion that if the petitioner in WP(C) No.14851 of 2021 has
got any claim over the property, they have to establish the same
before the appropriate civil Court, by filing appropriate suit.
W.P.(C). Nos. 13893 & 14851 of 2021
Prima facie, there is a finding by the District Collector in
Ext.P4 produced in WP(C) No.13893 of 2021, which is
produced as Ext.P21 in WP(C) No.14851 of 2021. If any suit is
filed, the finding in Ext.P21 in WP(C) No. 14851 of 2021 will
be subject to the final decision in the suit. But the construction
of the school building cannot delay indefinitely for that reason.
The official respondents will take appropriate steps to complete
the construction of the building, based on the orders passed by
the Government, as evident by Ext.P2 toP4 produced in WP(C)
No.13893 of 2021. But of course, the construction will be
subject to the decision of the Civil Court, if any suit is filed by
the petitioner in WP(C) No.14851 of 2021.
Therefore, these writ petitions are disposed of with the
following directions:
W.P.(C). Nos. 13893 & 14851 of 2021
1. The official respondents in WP(C) No.13893 of
2021 is directed to proceed with the construction of
the school based on Exts.P2 to P4 orders forthwith.
2. The petitioner in WP(C) No. 14851 of 2021 is
free to approach the civil Court and establish the
right if any, to them in the property.
3. The construction of the school building will be
subject to the decision if any, taken by the Civil
Court, if any suit is filed by the petitioner in WP(C)
No.14851 of 2021.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). Nos. 13893 & 14851 of 2021
APPENDIX OF WP(C) 14851/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PARTITION DEED
NO.133/1958 OF PARALI SRO.
Exhibit P2 THE TRUE COPY OF THE LETTER DATED
7/12/2005 ISSUED BY THE SEVENTH
RESPONDENT IN FAVOUR OF THE
PETITIONERS.
Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE SIXTH RESPONDENT IN FAVOUR OF THE
PREDECESSOR IN INTEREST OF THE
PETITIONRS MRS.LATE ANNAPURNI @
THNKAKUTTY AMMAL @ THANKAM AMMAL @
MRS.U.K.NAIR.
Exhibit P4 THE TRUE COPY OF THE LETTER DATED
25/9/2007 ISSUED BY THE SEVENTH
RESPONDENT IN FAVOUR OF THE FIRST
PETITIONER.
Exhibit P5 THE TRUE COPY OF THE
RESIDENTIAL/OWNERSHIP CERTIFICATE
DATED 25/09/2007 ISSUED BY THE SIXTH
RESPONDENT IN FAVOUR OF PREDECESSOR IN
INTEREST OF THE PETITIONRS MRS.LATE
ANNAPURNI @ THANKAKUTTY AMMAL @
THANKAM AMMAL @ MRS.U.K.NAIR.
Exhibit P6 THE TRUE COPY OF THE CONSENT LETTER
ISSUED BY PREDECESSOR IN INTEREST OF
THE PETITIONERS.
Exhibit P7 THE TRUE COPY OF THE LETTER DATED
29/03/2016 ISSUED BY THE AEO,
KUZHALMANDAM TO THE 7TH RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE REPLY DATED
1/7/2016 ISSUED BY THE FIRST
PETITIONER TO THE SIXTH RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE LETTER
NO.E1/13988/2019 DATED 23/7/2019
ISSUED BY THE SECOND RESPONDENT TO
DISTRICT EDUCATION OFFICER/ASSISTANT
EDUCATION OFFICER.
W.P.(C). Nos. 13893 & 14851 of 2021
Exhibit P10 THE TRUE COPY OF THE LETTER DATED
27/7/2019 ISSUED BY THE SEVENTH
RESPONDENT TO THE FIRST PETITIONER.
Exhibit P11 THE TRUE COPY OF THE REPRESENTATION
DATED 23/9/2020 ISSUED BY THE
PETITIONERS TO THE THIRD RESPONDENT
DATED 23/9/2020.
Exhibit P12 THE TRUE COPY OF THE LETTER ISSUED BY
THE FIRST PETITIONER TO THE FOURTH
RESPONDENT.
Exhibit P13 THE TRUE COPY OF THE THANDAPER EXTRACT
DATED 09/01/2020 ISSUED BY THE FIFTH
RESPONDENT.
Exhibit P14 THE TRUE COPY OF THE LETTER DATED
28/1/2020 ISSUED BY THE FIRST
PETITIONER TO THE FOURTH RESPONDENT.
Exhibit P15 THE TRUE COPY OF THE ONLINE
REPRESENTATION MADE TO THE CHIEF
MINISTER DATED 1/2/2021 UNDER DOCKET
NO.PSG210200122.
Exhibit P16 THE TRUE COPY OF THE ONLINE REPLY
ISSUED FROM THE OFFICE OF THE CHIEF
MINISTER DATED 4/2/2021.
Exhibit P17 THE TRUE COPY OF THE LAWYER NOTICE
DATED 22/2/2021 ISSUED BY THE COUNSEL
FOR THE PETITIONERS TO THE RESPONDENTS
3 TO 6.
Exhibit P18 THE TRUE COPY OF THE LETTER ISSUED BY
THE THIRD RESPONDENT DATED 25/2/2021
TO THE PETITIONER AND THE RESPONDENTS
2,4,5,6 AND 8.
Exhibit P19 THE TRUE COPY OF THE LIST OF DOCUMENTS
DATED 6/3/2021 PRODUCED BY THE
PETITIONERS THROUGH THEIR COUNSEL.
Exhibit P20 THE TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE THIRD RESPONDENT
EVIDENCING THE RECEIPT OF THE
CERTIFIED COPY OF THE PARTITION DEED
NO.133.1958, PARALI SRO DATED
20/03/2021.
W.P.(C). Nos. 13893 & 14851 of 2021
Exhibit P21 THE TRUE COPY OF THE ORDER IN
DCPKD/11537/2019 LRG-9 DATED
23/06/2021 ISSUED BY THE THIRD
RESPONDENT.
W.P.(C). Nos. 13893 & 14851 of 2021
APPENDIX OF WP(C) 13893/2021
PETITIONER EXHIBITS
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.
D2/GLPS KOTTAYI/20 DATED 17-11-2020
ISSUED FROM THE OFFICE OF THE 6TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER IN NO.
DCPKD/11537/2019 LRG -9 DATED 23-06-
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
24-06-2021 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
25-06-2021 SUBMITTED BY THE PETITIONER
BEFORE THE 7TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED
02-07-2021 ISSUED BY THE 7TH
RESPONDENT.
Exhibit P8 TRUE COPY OF THE OWNERSHIP CERTIFICATE
NO. A2 2380.21 DATED 02-07-2021 ISSUED
BY THE 7TH RESPONDENT
Exhibit P9 TRUE COPY OF THE COMMUNICATION ISSUED
TO ME DATED 27.01.2022 BY THE 6TH
RESPONDENT.
Exhibit P10 TRUE COPY OF THE COMPLAINT FORWARD BY
THE HEADMISTRESS TO THE ASSISTANT
EDUCATIONAL OFFICER DATED 11/10/2021
RESPONDENT EXHIBITS
Exhibit R7(a) TRUE COPY OF THE ASSESSMENT REGISTER
FOR THE YEARS 1993-1998
Exhibit R7(b) TRUE COPY OF THE RESOLUTION NO.7(2)
DATED 16.7.2021 OF KOTTAYI GRAMA
PANCHAYAT.
EXHIBIT R5(A) TRUE COPY OF THE LETTER
NO.D3/7070/2019 DATED 18.10.2019
EXHIBIT R5(B) TRUE COPY OF THE GO(P) NO.188/2018/FIN
DATED 07.12.2018
