Mother India International ... vs State Of Kerala
2023 Latest Caselaw 8172 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 2832 OF 2021
PETITIONERS:

    1     MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL,
          AVANAVANCHERY (REPRESENTED BY ITS SECRETARY MRS
          SREELATHA), PSD BUILDING, KEEZHATTINGAL P.O.KADAKKAVUR-
          695 306.
    2     MRS. SREELATHA,
          AGED 49 YEARS
          D/O K.GOVINDAN, RESIDING AT SAI KRISHNA, THEVALLY,
          KOLLAM
    3     MRS. SRUTHY,
          AGED 28 YEARS
          W/O SHIYAS M, KULAPURAYIL, VEILOOR, SASTHAVATTOM P.O.
    4     MR. SURESH KUMAR,
          AGED 59 YEARS
          S/O SREEDHARAN, RESIDING AT MISHAL KARICHIYIL,
          ATTINAGAL-1 (LEGAL HEIR AND NOMINEE OF MR. SREEDHARAN).
    5     MRS. REJITHA,
          AGED 48 YEARS
          W/O MR JOY BHASKAR, SIVAM, MUNDAYIL, VARKALA(LEGAL HEIR
          AND NOMINEE OF MRS RADHAMANI).
    6     MR. SAJITH KUMAR,
          AGED 57 YEARS
          S/O SREEDHARAN, PDS BUILDING, KEEZHATTINGAL P.O.
          BY ADVS.
          MOHAN JACOB GEORGE
          PARVATHY P.V.
          BEENA THOMAS
          NIGI GEORGE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION(N)
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS,
          JAGATHI, THRIUVANANTHAPURAM-695 014.
    3     DISTRICT EDUCATIONAL OFFICER,
          KEEZHATTINGAL, THIRUVANANTHPURAM-695 101.
 WP(C) NO. 2832 OF 2021              2

     4       CENTRAL BOARD OF SECONDARY EDUCATION,
             SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-
             110 301, REPRESENTED BY JOINT SECRETARY(AFF)
     5       SRI. SHAJAHAN,
             S/O MOHAMMED HANEEFA, AMINAS, KALLAMBALAM, KALLAMBALAM
             P.O.THIRUVANANTHAPURAM-695 605.
     6       SMT. SABEEDA AZEEZ,
             W/O M ABDUL AZEEZ, SOUHRIDA, AVANAVANCHERY, ATTINGAL,
             THIRUVANANTHAPURAM-695 103.
     7       SMT. NISA BASHEER,
             W/O A.M. BASHEER, MANIYANVILA BUNGLOW, VAKKOM
             P.O.VAKKOM, THIRUVANANTHAPURAM-695 308.
     8       SRI. RADHAKRISHNAN,
             S/O PURUSHOTHAMAN PILLAI, SWATHISURA, KOLLAMBUZHA,
             ATTINGAL, THIRUVANANTHAPURAM-695 101.

             BY ADVS.
             SRI.NIRMAL. S
             AJMAL V. A.
             SRI.R.BINDU (SASTHAMANGALAM)
             Thomas Abraham
             FATHIMA V.A.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2832 OF 2021                 3




                                JUDGMENT

Dated this the 1st day of August, 2023

The learned counsel appearing for the petitioners

submit that the writ petition is not pressed.

The not pressed memo is recorded. Accordingly, the

writ petition is closed as not pressed.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 2832/2021

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE OF THE SOCIETY EXHIBIT P1 (A) ENGLISH TRANSLATION OF THE BYELAWS OF 1ST PETITIONER SOCIETY EXHIBIT P2 COPY OF THE AMENDMENT OF THE BYE LAWS OF THE 1ST PETITIONER SOCIETY DATED 26.9.20001 EXHIBIT P3 COPY OF THE ASSESSMENT ORDER DATED 31.3.2014 OF THE INCOME TAX DEPARTMENT REGARDING ASSESSMENT FOR THE 2009-2010 EXHIBIT P3 (A) COPY OF THE ASSESSMENT ORDER DATED 31.3.2014 OF THE INCOME TAX DEPARTMENT REGARDING ASSESSMENT FOR THE YEAR 2010-2011 EXHIBIT P3 (B) COPY OF THE ASSESSMENT ORDER DATED 31.3.2014 OF THE INCOME TAX DEPARTMENT REGARDING ASSESSMENT FOR THE YEAR 2011-2012 EXHIBIT P3 (C) COPY OF THE ASSESSMENT ORDER DATED 31.3.2014 OF THE INCOME TAX DEPARTMENT REGARDING ASSESSMENT FOR THE YEAR 2012-2013 EXHIBIT P4 COPY OF THE RELEVANT PORTION OF THE CBSE BYE LAWS EXHIBIT P5 COPY OF THE PROCEEDINGS OF THE ASSISTANT PROVIDENT FUND COMMISSIONER, EPFO, REGIONAL OFFICE, THIRUVANANTHAPURAM DATED 18.1.2011 EXHIBIT P6 COPY OF THE VERIFICATION REPORT DATED 20.10.2010 OF THE JOINT DIRECTOR (FINANCE) OF THE ESI CORPORATION, KOLLAM EXHIBIT P7 COPY OF THE SHOW CAUSE NOTICE DATED 1.2.2011 ISSUED BY THE ESI CORPORATION TO THE 5TH RESPONDENT EXHIBIT P7 (A) COPY OF THE SHOW CAUSE NOTICE DATED 1.2.2011 ISSUED BY THE ESI CORPORATION TO THE 5TH RESPONDENT EXHIBIT P8 COPY OF THE INSPECTION REPORT DATED 10.3.2011 EXHIBIT P8 (A) COPY OF SHOW CAUSE NOTICE DATED 17.8.2011 EXHIBIT P9 COPY OF THE VIGILANCE ENQUIRY REPORT (NO VE 1/2011/SCT) EXHIBIT P10 COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING B NO 8/74A ISSUED BY THE LOCAL PANCHAYATH/MUNICIPALITY EXHIBIT P11 COPY OF THE COMMUNICATION NO PIO/ATL/10-

1/2201 DATED 21.8.2010 OBTAINED UNDER THE RIGHT TO INFORMATION ACT ALONG WITH THE PERMISSION DATED 31.7.2010 ISSUED BY THE

KADAKKAVOOR GRAMA PANCHAYATH EXHIBIT P11 (A) COPY OF THE AGREEMENT FOR SUPPLY OF WATER CONNECTION OBTAINED BY MR SUDIN EXHIBIT P11 (B) COPY OF THE COMMUNICATION DATED 16.6.2010 OF THE GOVERNMENT EXHIBIT P11 (C) COPY OF THE APPLICATION DATED 17.5.2011 SUBMITTED BY THE 4TH PETITIONER BEFORE THE LOCAL KADAKKAVOOR GRAMA PANCHAYATH EXHIBIT P11 (D) COPY OF THE INFORMATION DATED 7.6.2011 RECEIVED UNDER THE RIGHT TO INFORMATION ACT FROM THE KADAKKAVOOR GRAMA PANCHAYATH EXHIBIT P12 COPY OF THE INFORMATION FURNISHED BY THE FIRE AND SAFETY DEPARTMENT UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P13 COPY OF THE TRADE MARK CERTIFICATE IN THE NAME OF SUDIN IN THE NAME OF MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL, KEEZHATTINGAL EXHIBIT P14 COPY OF THE REPORT DATED 28.10.2016 OF THE CBSE EXHIBIT P15 COPY OF THE REPRESENTATION DATED 30.11.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P21 COPY OF ENQUIRY REPORT DATED 22/1/2021 (OBTAINED UNDER THE RIGHT TO INFORMATION ACT) OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.

RESPONDENT EXHIBITS Exhibit R8(k) TRUE COPY OF THE LETTER DATED 27/05/2021. Exhibit R8(l) TRUE COPY OF THE LETTER DATED 17/06/2021. Exhibit R8(m) TRUE COPY OF THE CERTIFICATE DATED 07/07/2021.

Exhibit R8(n) TRUE COPY OF THE REPRESENTATION DATED 10/11/2020 SUBMITTED TO THE SECRETARY KADAKKAVOOR GRAMA PANCHAYATH. Exhibit R8(o) TRUE COPY OF THE LETTER DATED 26/02/2021. Exhibit R8(p) TRUE COPY OF THE REPRESENTATION DATED 26/07/2021 SUBMITTED TO THE SECRETARY, KADAKKAVOOR GRAMA PANCHAYATH. PETITIONER EXHIBITS Exhibit P22 COPY OF FIR NO.1776/2021 OF KADAKKAVUR POLICE STATION Exhibit P23 COPY OF FIR NO.1852/2021 REGISTERED IN THE KADAKAVUR POLICE STATION Exhibit P24 COPY OF RENT AGREEMENT Exhibit P25 COPY OF COMMUNICATION DATED NIL ISSUED BY THE

ENGINEER TO THE SECRETARY, KADAKKAVOOR GRAMA PANCHAYATH Exhibit P26 COPY OF APPLICATION FOR PERMIT SUBMITTED IN THE YEAR 2006 BEFORE THE KADAKKAVOOR PANCHAYATH FOR CONSTRUCTION OF THE THREE STORIED BUILDING Exhibit P27 COPY OF APPLICATION SUBMITTED FOR THE FIRE NOC (OBTAINED UNDER THE RIGHT TO INFORMATION ACT) Exhibit P28 COPY OF COMMUNICATION OF THE STATION OFFICER FIRE & RESCUE OFFICE, ATTINGAL TO THE DISTRICT FIRE OFFICER, THIRUVANANTHAPURAM DATED 30/6/2021 Exhibit P29 COPY OF SITE PLAN Exhibit P29 A COPY OF THE SCHEMATIC LAYOUT / SYSTEM DRAWING SHOWING FIRE PROTECTION SYSTEM ARRANGEMENTS TO BE CARRIED OUT SUBMITTED FOR FIRE NOC Exhibit P30 COPY OF THE CHALAN DATED 30/6/2021 SUBMITTED FOR FIRE NOC Exhibit P31 COPY OF APPLICATION DATED 12/7/2021 SUBMITTED UNDER THE RTI ACT.

Exhibit P32 COPY OF THE REPLY DATED 13/7/2021 OF THE DISTRICT FIRE OFFICER REGARDING THE DETAILS OF THE FIRE NOC OBTAINED UNDER THE RIGHT TO INFORMATION ACT FROM THE FIRE DEPARTMENT (PRODUCED AS EXT.P8(M) Exhibit P21 A COPY OF THE COMMUNICATION DATED 22.7.2022 OF THE 1ST RESPONDENT ENCLOSING THE COMMUNICATION DATED 7.3.2022 OF THE KADAKKAVOOR GRAMA PANCHAYATH ALONG WITH THE JOINT ENQUIRY REPORT OF THE CHIEF TOWN PLANNER, TOWN PLANNER (VIGILANCE) AND DEPUTY TOWN PLANNER (VIGILANCE).

Exhibit P21B ENGLISH TRANSLATION OF EXT P21 Exhibit P22 COPY OF THE NOTICE DATED 4.8.2022 ISSUED BY THE INCOME TAX DEPARTMENT TO MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL SOCIETY, KEEZHATTINGAL.