Kerala High Court
Saju Varghese vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF JANUARY 2023/22ND POUSHA, 1944
WP(C) NO. 7346 OF 2019
PETITIONER:
SAJU VARGHESE
AGED 46 YEARS
S/O VARKEY KURIEN, VELIKKAKATH HOSUE,
KOODARANJI P.O., KOZHIKODE, PIN-673 604.
BY ADVS.
SANTHARAM.P
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM
SMT.AMRUTHA RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, TRIVANDRUM-695 001.
2 KOODARANJI GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
KOODARANJI (P.O), KOZHIKODE-673 604.
3 KERALA STATE LIBRARY COUNCIL
ETN 43, TC 24/1962, K.ANIRUDHAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014
REPRESENTED BY SECRETARY.
4 THE DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE, CIVIL STATION P.O.,
KOZHIKODE-673 020.
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA FOR R2
B.S.SYAMANTHAK FOR R3
BINDUMOL JOSEPH FOR R3
A.ARUNKUMAR FOR R3
SMT.SURYA BINOY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.7346/2019
:2:
N. NAGARESH, J.
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W.P.(C) No.7346 of 2019
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Dated this the 12th day of January, 2023
JUDGMENT
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The ownership of "Udaya Library and Reading
Room" in Koodaranji, Kozhikode is the issue raised by the
petitioner in this writ petition.
2. The petitioner states that the Library was
constructed after the petitioner's father transferred the
property to the President of Udaya Library and Reading
Room, in the year 1959. The Library was registered with
erstwhile Kerala Granthasala Sangham. On the enactment
of the Kerala Public Libraries Act, 1989, the property and
the library vested with the Kerala State Library Council.
3. The administration of the Library was taken over
by the Panchayat at some point of time. Later, the library
W.P.(C) No.7346/2019
stopped functioning. The Panchayat leased the library
building as shops and realised rentals. Now, the Panchayat
is going to demolish the whole building to construct public
toilet and bus shelter. Representations were submitted to
the Panchayat authorities, District Collector, Minister for
Local Self Government Institutions, etc. But, the Panchayat
is going ahead with the construction of toilet demolishing
the Library Building.
4. The petitioner argues that the Panchayat has no
ownership of the property and it is evident from Exts.P2 and
P3. The Library is vested with the Kerala State Library
Council in view of Section 38 of the Kerala Public Libraries
Act, 1989. The Panchayat is misappropriating the land and
the building of the Library. The Panchayat has a
responsibility to restore the Library.
5. The 2nd respondent resisted the writ petition. The
2nd respondent stated that all the Life Members of the
Udaya Library and Reading Room have passed a resolution
on 18.05.1974 requesting the Panchayat to take over the
W.P.(C) No.7346/2019
management of the Library. The Panchayat hence decided
to take over and run the Library, as per Ext.R2(a)
resolution. The Library was taken over and it is in the
possession of the Panchayat since 1974.
6. Four shop rooms were constructed there by the
Panchayat without any objection from any quarters. The
shop rooms have now become dilapidated and unusable. In
public interest, the Panchayat decided to construct a public
toilet and bus shelter in the land. Those facilities are now
dedicated to public. Neither the petitioner nor the Library
Council can object to the construction which is made in
public interest.
7. The 3rd respondent-Kerala State Library Council
filed a counter affidavit and submitted that Mr. Varkey
Kurian transferred his property to the President of Udaya
Library and Reading Room as per Ext.P1 transfer deed.
The Udaya Library and Reading Room was affiliated with
the Kerala Granda Sala Sanghom as No.2019 on
15.06.1957. Without obtaining prior permission from the
W.P.(C) No.7346/2019
competent authority, the Panchayat started to manage the
functioning of library in the year 1979. The property
transferred as per Ext.P1 is still in the name of the
President of the library. The assets and liabilities of a
library affiliated to Grandasala Sanghom will be vested with
the Grandasala Sanghom. After the enactment of the
Kerala Public Libraries (Kerala Grandasala Sanghom) Act,
1989, all assets and liabilities vested with the Kerala
Grandasala Sanghom are vested with the Kerala State
Library Council. The 2 nd respondent-Panchayat has no right
to demolish the building and to change its use. Now, a
committee has been constituted for reconstructing the
library. The functioning of the library can be entrusted with
the aforesaid committee after its reconstruction.
8. I have heard the learned counsel for the
petitioner, the learned Senior Government Pleader for the
1st respondent-State and the respective learned Standing
Counsel for respondents 3 and 4.
W.P.(C) No.7346/2019
9. Based on Exts.P2 and P4, the petitioner
contends that the Panchayat has no title over the property.
Relying on Section 38 of the Kerala Public Libraries Act,
1989, the petitioner argues that all rights and interests of
the Grandasala Sanghom now vest with the Library Council.
It is to be noted that even according to the Library Council,
the property is still in the name of the President of the
library.
10. According to the Library Council, the functioning
of the library can be entrusted to the new Library Committee
constituted. The Panchayat has a specific case that all the
Life Members of the Library have unanimously resolved and
requested the Panchayat to take over the library and it is
thereupon that the Panchayat took over the library in the
year 1974. There is nothing on record to show that the
taking over of the land, building and the library was subject
to any conditions.
11. At any rate, the writ petitioner has no subsisting
right whatsoever over the property. If the Panchayat has
W.P.(C) No.7346/2019
constructed a toilet and bus waiting shed in the property, in
public interest, the petitioner cannot challenge the action of
the Panchayat.
The writ petition therefore fails and it is
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/10.01.2023
W.P.(C) No.7346/2019
APPENDIX OF WP(C) 7346/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOC.NO.2583/1959
DATED 9.11.1959 OF S.R.O
CHATHAMANGALAM.
EXHIBIT P2 TRUE COPY OF ENCUMBRANCE CERTIFICATE
FOR THE PERIOD 1959-1968 OBTAINED
FROM S.R.O. CHATHAMANGALAM.
EXHIBIT P2(a) TRUE COPY OF ENCUMBRANCE CERTIFICATE
FOR THE PERIOD 1968-1993 OBTAINED
FROM S.R.O. CHATHAMANGALAM.
EXHIBIT P2(b) TRUE COPY OF ENCUMBRANCE CERTIFICATE
FOR THE PERIOD 1994-2007 OBTAINED
FROM S.R.O. CHATHAMANGALAM.
EXHIBIT P2(c) TRUE COPY OF ENCUMBRANCE CERTIFICATE
FOR THE PERIOD 2007-2018 OBTAINED
FROM S.R.O CHATHAMANGALAM.
EXHIBIT P3 COPY OF PHOTOGRAPHS SHOWING THE
CONSTRUCTION AT THE LIBRARY'S
PROPERTY.
EXHIBIT P4 TRUE COPY OF THE RTI QUERY AND THE
REPLIES DATED 21.11.2018 AND
20.12.2018.
EXHIBIT P5 TRUE COPY OF THE WRITTEN
REPRESENTATION DATED 7.1.2019 TO THE
2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE WRITTEN
REPRESENTATION DATED 6.2.2019 TO THE
4TH RESPONDENT.
RESPONDENT'S EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE RELEVANT PORTION OF
RESOLUTION NO.6 OF THE KOODARANHI
GRAMA PANCHAYAT COMMITTEE.
EXHIBIT R2(b) TRUE COPY OF THE PROPERTY TAX
ASSESSMENT DETAILS OF ROOM NO.308 OF
KOODARANHI GRAMA PANCHAYAT PERTAINING
TO THE YEAR 1997.
W.P.(C) No.7346/2019
EXHIBIT R2(c) TRUE COPY OF THE PROPERTY TAX
ASSESSMENT DETAILS OF ROOM NO.309 OF
KOODARANHI GRAMA PANCHAYAT PERTAINING
TO THE YEAR 1997.
EXHIBIT R2(d) TRUE COPY OF THE PROPERTY TAX
ASSESSMENT DETAILS OF ROOM NO.310 OF
KOODARANHI GRAMA PANCHAYAT PERTAINING
TO THE YEAR 1997
EXHIBIT R2(e) TRUE COPY OF THE PROPERTY TAX
ASSESSMENT DETAILS OF ROOM NO.311 OF
KOODARANHI GRAMA PANCHAYAT PERTAINING
TO THE YEAR 1997
