Parassinikadavu High School ... vs State Of Kerala
2023 Latest Caselaw 49 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

                  WP(C) NO. 327 OF 2023
PETITIONER/S:

    1     PARASSINIKADAVU HIGH SCHOOL SOCIETY,
          AGED 63 YEARS
          REG.NO.5/1947, PARASSINIKADAVU PO,
          KANNUR -670 563
          REPRESENTED BY ITS PRESIDENT SUVARNAKUMAR.P.P,,
          S/O.LATE C KRISHNAN, AGED 63,
          RESIDING AT 'KRISHNA', THRICHAMBARAM,
          TALIPARAMBA PO, KANNUR DISTRICT
          PIN - 670641

    2     THE MANAGER
          AGED 63 YEARS
          PARASSINIKADAVU HIGHER SECONDARY SCHOOL
          AND HIGH SCHOOL, PARASSINIKADAVU,
          KANNUR, PIN - 670563

          BY ADVS.
          K.MOHANAKANNAN
          DINESH KUMAR K.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          THIRUVANANTHAPURAM-, PIN - 695001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION KANNUR
          PUZHATHI HOUSING COLONY,
          KANNUR, PIN - 670002

    4     THE DISTRICT EDUCATIONAL OFFICER
          REVENUE TOWER, COURT ROAD,
          TALIPARAMBA, KANNUR- PIN - 670141

    5     VILLAGE OFFICER ANTHOOR,
          ANTHOOR VILLAGE OFFICE,
 WP(C) NO. 327 OF 2023

                            2


          KANNUR DISTRICT - PIN - 670563

    6     P.M.JANARDANAN,
          PARASSINIMADAPURA,
          PARASSINIKADAVU, KANNUR DISTRICT, PIN - 670563

    7     LALITHA.E,
          PARASSINI MADAPPURA,
          PARASSINIKADAVU PO KANNUR-PIN - 670563

    8     LISHA P.M
          PARASSINI MADAPPURA, PARASSINIKADAVU PO,
          KANNUR- PIN - 670563

    9     ANEESH.P.M.,
          PARASSINI MADAPPURA
          PARASSINIKADAVU PO,
          KANNUR, PIN - 670563


          SMT NISHA BOSE SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 327 OF 2023

                                    3


                              JUDGMENT

The 1st petitioner, the Parassinikkadavu High School Society, is a

Society registered under Societies Registration Act. The Society runs the

Parassinikadavu Higher Secondary School and High School,

Parassinikkadavu. The 2nd petitioner is the Manager of the said school.

This writ petition is filed challenging Exhibit P15 notice issued by the

Village Officer, Anthoor, whereby directions have been issued to the

petitioner herein to produce the documents, title deeds, etc., relating to

the Parassinikadavu Higher Secondary School.

2. The petitioners assert that the 2nd petitioner is the approved

Manager of the School, and he was appointed for a period of five years

from 2019. While so, the party respondents submitted a request for a

change of Manager. It appears that the parties approached this Court,

and pursuant to the directions issued by this Court in Exhibit P6

judgment, the matter was considered by the DGE, and by Exhibit P8

order, the request was rejected, holding that the School was managed by

an approved Manager. Being aggrieved, respondents 6 to 9 is stated to

have preferred Exhibit P9 appeal before the 1st respondent.

3. The petitioners assert that all the parties were heard on

29.08.2022, as is evident from Exhibit P11; however, no orders have

been passed. While so, the petitioner has been served with Exhibit 15 WP(C) NO. 327 OF 2023

notice by the Village Officer calling upon them to produce certain

documents.

4. Sri. Mohanakannan, the learned counsel, contends that all

relevant documents were made available before the 1st respondent, and

in so far as the disputes with regard to the title are concerned, the same

cannot be decided by the Government or by the Education Department

and reference is made to Chapter III of the Kerala Education Rules. It is

urged that the Village Officer cannot embark upon a roving enquiry into

the title disputes, which issue is pending before the jurisdictional civil

court. According to the learned counsel, Ext.P15 notice cannot be

sustained under law.

5. The learned government pleader submits that it is in terms

of the directions issued by the 1st respondent that the village officer had

issued Ext.P15 notice. It is for the petitioner to respond to the notice by

raising tenable legal contentions. It is further submitted that if the 1st

respondent wants further information, fresh notice shall be issued, and

orders shall be passed only after hearing both sides. No interference is

warranted at this stage at the instance of this Court, contends the

learned government pleader.

6. I have considered the submissions advanced. It appears

that challenging the orders passed by the 2nd respondent, respondents 6 WP(C) NO. 327 OF 2023

to 9 have preferred an appeal, which is pending before the 1st

respondent. Records reveal that the matter was heard on 29.08.2022,

however, no orders have been passed. From Exhibit P15 notice, it

appears that the Village Officer has acted in terms of the directions

issued by the 1st respondent. In that view of the matter, no interference

is warranted at the hands of this Court at this stage. If the petitioner has

any legally tenable contentions, they can respond to Ext.P15 by raising

the same. It cannot be disputed that in an exercise carried out under

Chapter III of the KER, the educational authorities cannot decide

disputes involving questions of law. If the 1st respondent feels that

further inputs are required from either of the sides or the matter requires

rehearing, nothing prevents the 1st respondent from issuing fresh notice

to the parties. As the challenge mounted by the party respondents before

the 2nd respondent, which resulted in Ext.P8 order, is under challenge in

Ext.P9 appeal, the 1st respondent shall limit the consideration to those

facts which have relevance under Chapter III of the Kerala Education

Rules.

Resultantly, while declining interference, there will be a direction to

the 1st respondent to finalize the appeal and pass orders within two

months from the date of receipt of a copy of this judgment strictly in

terms of the provisions of Chapter III of the KER. It would be open to WP(C) NO. 327 OF 2023

the 1st respondent to rehear the matter if further clarifications are

required.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 327 OF 2023

APPENDIX OF WP(C) 327/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED BYE-LAW OF THE SOCIETY DATED 1-1-1947

Exhibit P2 TRUE COPY OF THE CONSTITUTION OF THE SOCIETY

Exhibit P3 RUE COPY OF THE BYE-LAW OF THE SCHOOL

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.B3-2536/19 OF THE 4TH RESPONDENT DATED 5-9-2019

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY RESPONDENTS 6 TO 9 BEFORE THE 4TH RESPONDENT ON 21-1-2021

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.7932/2021 DATED 9-7-2021

Exhibit P7 TRUE COPY OF THE ARGUMENT NOTE DATED 30-09-2021 SUBMITTED BY THE PETITIONERS

Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT NO.EM4/8625/2021/DGE DATED 21-2-2022

Exhibit P9 TRUE COPY OF THE APPEAL FILED BY RESPONDENTS 6 TO 9 BEFORE THE 1ST RESPONDENT DATED 16-3-2022

Exhibit P10 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PARTIES 16-8-2022

Exhibit P11 TRUE COPY OF THE ARGUMENT NOTE DATED 29-8-2022 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P12 TRUE COPY OF THE PLAINT IN OS 259/2018 OF MUNSIFF COURT, TALIPARAMBA DATED 10-7-2018

Exhibit1 P13 TRUE COPY OF THE INTERIM ORDER IN IA 1921/2018 IN OS 259/2018 DATED 17-7-2018

Exhibit14 TRUE COPY OF THE PLAINT IN OS 89/2022 OF MUNSIFF COURT, TALIPARAMBA DATED 2-2-2022 WP(C) NO. 327 OF 2023

Exhibit P15 TRUE COPY OF THE NOTICE DATED 22-12-2022 ISSUED BY THE VILLAGE OFFICER TO THE 2ND PETITIONER