Kerala High Court
Varghese Varkey vs The Government Of Kerala on 23 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:78818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37185 OF 2024
PETITIONER/S:
1 VARGHESE VARKEY,
AGED 72 YEARS
S/O VARKEY, VADAKKEMALAYIL HOUSE, THURUTHICADU P.O.,
VILLAGE KOLLOOPPARA, MALLAPPALLY TALUK., PIN - 689597.
2 ABRAHAM GEORGE
AGED 62 YEARS
S/O GEROGEMYLAMOOTTIL, KUMBANADU P.O., KOIPPURAM
VILLAGE, THIRUVALLA TALUK, PIN - 689547.
BY ADVS.
K.S.BHARATHAN
AADITHYAN S.MANNALI
ALEENA SONY
SITHARA
RESPONDENT/S:
1 THE GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, TRIVANDRUM, PIN - 695001.
2 THE SPECIAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA,
TRIVANDRUM-, PIN - 695001.
3 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRARPRIYADHARSHINI HILLS P.O,
MAHATMA GANDHI UNIVERSITY,UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA,KERALA.
4 BISHOP ABRAHAM MEMORIAL TRUST
2024:KER:78818
WP(C) NO. 37185 OF 2024 2
ASSOCIATION, MARETTUMADOM, THIRUVALLA P.O
REPRESENTED BY ITS SECRETARY., PIN - 689101.
5 THE PRINCIPAL,
BAM COLLEGE, THURUTHIKAD P.O, MALLAPPALLY,
PATHANAMTHITTA, PIN - 689597.
6 BISHOP ABRAHAM MEMORIAL TRUST,
ST THOMAS EVANGELICAL CHURCH OF INDIA,MANJADI P.O,
THIRUVALLA, REPRESENTED BY ITS TRUSTEE/PRESIDENT,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689105.
SMT. DEEPA NARAYANAN, SR. GP.
SRI. SURIN GEORGE IPE, SC FOR M.G. UNIVERSITY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 37185 OF 2024 3
JUDGMENT
The petitioners have approached this Court challenging
Exts.P10 and P23 in their capacity as beneficiaries of the 6 th
respondent Trust. On being queried about the locus standi of the
petitioners, learned counsel for the petitioners submitted that the 4 th
respondent association, posing itself to be the Trust, secured Ext.P10
Direct Payment Agreement and being a beneficiary of the 6 th
respondent Trust, the petitioners have every right to challenge the
agreement. It is pointed out that the petitioners had approached this
Court earlier and based on the direction in Ext.P22 judgment, their
objection was considered and rejected by Ext.P23.
2. Heard, learned Standing Counsel for the University and
the learned Government Pleader.
3. A perusal of the documents shows that Ext.P10
agreement was entered into between the Government and the 4 th
respondent way back on 23.10.1972. The 6 th respondent Trust, of
which the petitioners are beneficiaries, has not challenged Ext.P10.
It is true that the petitioners had approached this Court earlier and
2024:KER:78818
based on the direction in Ext.P22 judgment, their objection was
considered and rejected as per Ext.P23 dated 20.12.2016. The finding
in Ext.P23 is that the petitioners had approached the Government
challenging the authenticity of the 4th respondent Trust after 40 years
and had failed to establish the ownership of the 6 th respondent Trust
over the College by any decision of a court of law. This writ
petition, challenging Ext.P23 is filed after eight years. The
petitioners being only beneficiaries of the 6th respondent and the
Trust itself having not challenged the Direct Payment Agreement,
this Court finds no reason to entertain the highly belated challenge
raised through this writ petition.
In the result, the writ petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:78818
APPENDIX OF WP(C) 37185/2024
PETITIONERS EXHIBITS
Exhibit :P1 TRUE COPY OF THE APPLICATION DATED 29/10/1964
Exhibit :P2 TRUE COPY SANCTION LETTER NO. GC.2/ 1 02/64
DATED 21/6/1965 IN FAVOUR OF THE 6TH
RESPONDENT TRUST
Exhibit :P3 TRUE COPY OF SALE DEED NO. 378 OF 1965OF
VENNIKKULAM SRO
Exhibi:P 4 THE ANNUAL REPORT OF KERALA UNIVERSITY 1965
(CHAPTER III- PAGE NO.122 & 123) WHEREIN
DETAILS OF 17 JUNIOR COLLEGES STARTED DURING
THE YEAR 1965 WITH LOCATION
Exhibit:P 5 TRUE COPY OF LETTER NO. 1160/RTI/2/2018 DATED
7/1/2019 FROM KERALA UNIVERSITY RECEIVED ON
APPLICATION UNDER RTI ACT STATING THAT BAM
COLLEGE GOT AFFILIATION IN 1965-66 AND THE
EDUCATIONAL AGENCY IS THE 6TH RESPONDENT
TRUST
Exhibit :P6 COMMUNICATION BEARING NO. 19/2020 DATED
2/7/2020 ISSUED BY THE VILLAGE OFFICE
KALLOOPPARA
Exhibit :P7 TRUE COPY OF BASIC TAX RECEIPT DATED
1/4/2023ISSUED BY THE VILLAGE OFFICE
KALLOOPPARA
Exhibit:P 8 TRUE COPY OF THANDAPER ACCOUNT TIN
KALLOOPPARA VILLAGE ISSUED ON 16.07.2020
Exhibit:P 9 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED ON 04.03.2022 FROM KALLOOPPARA VILLAGE
OFFICE
Exhibit :P10 TRUE COPY OF THE AGREEMENT MENTIONED ABOVE
DATED 23.10.1972
Exhibit:P11 TRUE COPY OF LETTER NO. D2-3167/2020 DATED 7-
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5-2021 FROM MALLAPPALLY TALUK OFFICE,
Exhibit :P12 TRUE COPY OF LETTER NO.C3-274784/2021/K.D.S
DATED 25/2/2021 FROM DISTRICT COLLECTOR
OFFICE, PATHANAMTHITTA TO TAHSILDAR (L.R)
MALLAPPALLY I
Exhibit:P13 TRUE COPY OF NOTICE DATED 22/3/2019
Exhibit :P14 TRUE COPY OF NO.C5-917/20 DATED 28/2/2020
Exhibit :P15 TRUE COPY OF THE NOTICE NO.S.C4, 2224/2021
DATED 12/8/2021
Exhibit:P 16 TRUE COPY OF NOTICE NO. A-2-2232/2004 DATED
9/8/2004
Exhibit :P17 TRUE COPY OF LETTER NUMBER M1-1801/17 DATED
15.11.2017
Exhibit :P18 TRUE COPY OF LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT ON
14.01.2018
Exhibit:P 19 TRUE COPY OF REPLY DATED 15-2-2019,
Exhibit :P20 TRUE COPY ORDER OF STATE INFORMATION
COMMISSION DATED 11/05/2020 AGAINST THE
PRINCIPAL, BAM COLLEGE
Exhibit :P21 TRUE COPY OF PETITION FILED BEFORE
RESPONDENTS 1& 2 DATED 16-10-2013
Exhibit :P22 TRUE COPY OF JUDGMENT IN W.P(C) NO. 7369/2014
DATED 28/5/2014
Exhibit :P23 TRUE COPY OF ORDER NO.GO(RT) NO.
3466/2016/H.EDN DATED 20/12/2016
Exhibit :P24 TRUE COPY OF ORDER IN O.P 3315/76-J DATED
20/02/1980, IN THE HIGH COURT OF KERALA,
ERNAKULAM
Exhibit :P25 TRUE COPY OF CERTIFICATE OF NATIONAL
COMMISSION FOR MINORITY EDUCATIONAL
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INSTITUTION NO.239 OF 2004 DATED 12-3-2015
Exhibit:P 26 TRUE COPY OF THE AFFIDAVIT DATED 21/11/1981
