Kerala High Court
N.K.Viswanathan Nair vs State Of Kerala on 1 August, 2025
2025:KER:57503
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 19254 OF 2023
PETITIONERS:
1 RAMACHANDRAN
AGED 70 YEARS
S/O.KUTTIKRISHNAN NAIR, MADATHIL (USHUS), ULLIYERI P.O,
KOYILANDI, KOZHIKODE, PIN - 673323
2 BALAKRISHNAN NAMBIAR
AGED 76 YEARS
S/O.ACHUTHAN NAIR, MOKERI HOUSE, ULLIYERI P.O, KOYILANDI,
KOZHIKODE, PIN - 673323
3 RAVEENDRAN NAIR
AGED 70 YEARS
S/O.RAGHAVAN NAMBIAR, VARIKKAT HOUSE, ULLIYERI P.O, KOYILANDI,
KOZHIKODE, PIN - 673323
4 ABDUL HAMEED
AGED 55 YEARS
S/O. THE LATE KOYAKUTTI HAGGI KUMMAYAPURATHU HOUSE, ULLIYERI
P.O, KOYILANDI, KOZHIKODE -, PIN - 673323
5 SOMAN NAMBIAR
AGED 70 YEARS
S/O.NARAYANA NAIR, AZHAKATH HOUSE, ULLIYERI P.O, KOYILANDI,
KOZHIKODE -, PIN - 673323
BY ADVS.
SHRI.S.ABHILASH
SRI.K.SIJU
SMT.ANJANA KANNATH
SMT.GOPIKA T.G.
SMT.FATHIMA MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION
WP(C) Nos.19254 of 2023 & 26283 of 2022 -2-
2025:KER:57503
DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY
P.O, THIRUVANANTHAPURAM -, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN
- 673001
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, THAMARASSERI,
KOZHIKODE -, PIN - 673573
5 ULLIYERI SECONDARY SCHOOL COMMITTEE
PALORA HIGHER SECONDARY SCHOOL ULLIYERI P.O, KOYILANDY,
KOZHIKODE REPRESENTED BY ITS VICE PRESIDENT, PIN - 673323
6 ASHRAF
AGED 50 YEARS
S/O.POCKER HAJEE, KUNIYIL HOUSE, ULLIYERI AMSOM, DESOM OF
KOYILANDY TALUK, KOZHIKODE -, PIN - 673323
7 JAYA N.K
AGED 48 YEARS
MITHILA, PANDALAYANI P.O, KOYILANDY TALUK, KOZHIKODE -, PIN
- 673305
8 MOHANAN P * DECEASED(DELETED)
AGED 70 YEARS
S/O.GOVINDAN KUTTY NAIR, POYYERI HOUSE, ORAVIL POST,
KOYILANDY TALUK KOZHIKODE - 673614 * R8 IS REMOVED FROM
PARTY ARRAY AS PER ORDER DATED 19.03.2024 IN I.A.NO.2/24.
BY ADVS.
SHRI.K.P.SUDHEER
SMT.PARVATHY SRIKUMAR
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2025, ALONG WITH WP(C).26283/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.19254 of 2023 & 26283 of 2022 -3-
2025:KER:57503
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 26283 OF 2022
PETITIONER:
N.K.VISWANATHAN NAIR,
AGED 68 YEARS
S/O. SREEDHARAN NAIR, ARATHI, KUNNATHARA P.O., VIA
ULLIYERI, KOZHIKODE DISTRICT-673323.
BY ADVS.
SHRI.K.B.PRADEEP
SHRI.HARISANKAR R
SHRI.JEEVAN KRISHNAKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM-695001.
3 THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, WAYANAD DISTRICT-673122.
4 ULLIYERI SOCIETY,
ULLIYERI SECONDARY SCHOOL COMMITTEE, ULLIYERI, KOYILANDY,
KOZHIKODE DISTRICT, A SOCIETY, REPRESENTED BY ITS
PRESIDENT, PIN-673620.
5 ASHARAF,
AGED 49 YEARS
S/O. POKKAR HAJI, KUNIYIL HOUSE, ULLIYERI AMSOM DESOM,
KOYILANDY TALUK, KOZHIKODE DISTRICT-673620.
6 THE PRINCIPAL,
PALORA HIGHER SECONDARY SCHOOL, ULLIYERI P.O., KOYILANDY,
KOZHIKODE DISTRICT-673620.
BY ADV SHRI.K.P.SUDHEER
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2025, ALONG WITH WP(C).19254/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.19254 of 2023 & 26283 of 2022 -4-
2025:KER:57503
JUDGMENT
Dated this the 1st day of August, 2025
The relief sought for in these writ petitions is to declare the
election conducted to the Ulliyeri Secondary School Committee held
on 17.07.2022 as illegal.
It is submitted that the term of office is already over. Therefore,
nothing survives in these writ petitions. Accordingly, the above writ
petitions are closed leaving open the contentions of the petitioners.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:57503
APPENDIX OF WP(C) 26283/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
27/07/2017.
Exhibit P2 TRUE COPY OF THE ORDER DATED 29/01/2020.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 31/03/2021
IN WPC NO. 6641/2021.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 31/03/2021
IN WPC NO. 13160/2020.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 18/05/2022
IN OS NO.6/2017.
Exhibit P6 TRUE COPY OF THE NOTICE DATED 29/06/2022.
Exhibit P7 TRUE COPY OF COMPLAINT DATED 18/05/2022 OF
THE PETITIONER.
Exhibit P8 TRUE COPY OF BYE LAWS DATED NIL OF
ULLIYERI SECONDARY SCHOOL COMMITTEE
Exhibit P9 TRUE COPY OF THE COMPLAINT DATED
12/08/2022 BY RAMACHANDRAN NAIR AND 3
OTHERS ADDRESSED TO THE DEO,
THAMARAASSERY.
RESPONDENT EXHIBITS
EXHIBIT R5 ( a ) TRUE COPY OF PLAINT DATED 22.5.2023 IN
O.S. NO. 106/2023 ON THE FILE OF THE
MUNSIFF'S COURT, KOYILANDY
EXHIBIT R 5 ( b ) TRUE COPY OF PLAINT DATED 20.3.2024 IN
O.S. NO. 50/2024 ON THE FILE OF THE
MUNSIFF'S COURT, KOYILANDY
EXHIBIT R 5 ( c ) TRUE COPY OF REPORT DATED 29.5.2024
SUBMITTED BY THE ADVOCATE COMMISSIONER IN
O.S. NO. 50/2024 ON THE FILE OF THE
MUNSIFF'S COURT, KOYILANDY
PETITIONER EXHIBITS
Exhibit P-10 TRUE COPY OF THE AMENDED BYELAWS DULY
SIGNED BY THE THEN PRESIDENT OF THE
ULIYERI SECONDARY SCHOOL COMMITTEE DATED
17.12.2007
Exhibit P-11 TRUE COPY OF THE REPORT OF THE ADDITIONAL
DIRECTOR OF THE DIRECTORATE OF THE GENERAL
EDUCATION DATED 30.06.2023
Exhibit P-12 THE TRUE COPY OF THE IA NO.2 OF 2023 IN OS
2025:KER:57503
NO. 32 OF 2023 BEFORE THE SUB COURT,
KOYILANDI DATED 22.08.2023
Exhibit P-13 TRUE COPY OF THE ORDER IN IA 06/2024 IN OS
NO. 50/2024 DATED 11.04.2024
Exhibit P-14 TRUE COPY OF THE REPORT DATED 29.05.2024
OF THE ADVOCATE COMMISSIONER IN OS NO.
50/2024 FILED IN THE MUNSIFF COURT,
KOYILANDI.
Exhibit P-15 A TRUE COPY OF THE LETTER DATED 28.06.2024
SENT BY ME TO THE DISTRICT EDUCATION
OFFICER (DEO), THAMARASSERY REGARDING THE
ELECTION TO THE PALORA HSS MANGER'S POST
Exhibit P-16 TRUE COPY OF THE ORDER DATED 27.07.2024 OF
THE 3RD RESPONDENT REGARDING TO THE
APPOINTMENT OF SHRI. ASHRAF K. AS THE
MANAGER OF PALORA HIGH SCHOOL
Exhibit P-17 TRUE COPY OF PROCEEDINGS, RECORDING VOTES
FOR AND AGAINST THE NO-CONFIDENCE MOTION
AGAINST 'COMMITTEE' HEADED BY SMT. JAYA
Exhibit P-18 TRUE COPY OF PROCEEDINGS, RECORDING VOTES
FOR AND AGAINST THE NO-CONFIDENCE MOTION
AGAINST 'COMMITTEE' HEADED BY SMT. JAYA
Exhibit P-19 TRUE COPY OF THE OBJECTIONS AGAINST THE
ADVOCATE COMMISSIONER'S REPORT DATED
28.22.2024.
Exhibit P-20 TRUE COPY OF THE ORDER UNDER O.23.R.1 OF
THE CODE OF CIVIL PROCEDURE IN IA NO.
03/2025 IN OS NO.106/2023 DATED
05.04.2025.
Exhibit P-21 TRUE COPY OF THE ORDER UNDER O.23.R.1 OF
THE CODE OF CIVIL PROCEDURE IN IA NO.
04/2025 IN 0S NO.107/2023 DATED
05.04.2025.
2025:KER:57503
APPENDIX OF WP(C) 19254/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN O.S
NO.6/2017 DATED 18.5.2022 ON THE FILE OF
MUNSIFF COURT, KOYILANDY
Exhibit P2 A TRUE COPY OF THE ORDER NO.KDSB3/224/2021
DATED 6.5.2021 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 A TRUE COPY OF NOTICE DATED 29.6.2022
ISSUED BY THE 6TH RESPONDENT
Exhibit P4 TRUE COPY OF RELEVANT PAGES OF THE MINUTES
OF THE GENERAL BODY MEETING HELD ON
17.7.2022
Exhibit P5 A TRUE COPY OF THE PLAINT IN O.S
NO.107/2023 FILED BY THE 2ND PETITIONER
HEREIN DATED 23.5.2023
Exhibit P6 A TRUE COPY OF THE APPLICATION FOR
TRANSFER OF MANAGER AND CORRESPONDENT
DATED 17.7.2022
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12813/2021 DATED 12.10.2021
Exhibit P8 A TRUE COPY OF THE ORDER NO.B3/3140/2022
DATED 24.6.2022 ISSUED BY THE 4TH
RESPONDENT
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATED
11.7.2022 IN W.P.(C) NO.22387/2022
RESPONDENT EXHIBITS
EXHIBIT R 6 ( a ) True copy of plaint dated 23.5.2023 in
O.S. No. 107/2023 pending on the file of
the Munsiff's Court, Koyilandy
EXHIBIT R 6 ( b ) True copy of plaint dated 23.5.2023 in
Original Suit No. 106/2023 pending on the
file of the Munsiff's Court, Koyilandy.
EXHIBIT R 6 ( c ) True copy of appeal memorandum dated
22.6.2022 in A.S. No. 30/2022 on the file
of the Subordinate Judge's Court,
Koyilandy
EXHIBIT R 6 ( d ) True copy of plaint dated 22.8.2023 in
O.S. No. 32/2023 on the file of the Sub
Court, Koyilandy.
EXHIBIT R 6 ( e ) True copy of plaint dated 22.8.2023 in
2025:KER:57503
O.S. No. 33/2023 on the file of the Sub
Court, Koyilandy.
EXHIBIT R 6 ( f ) TRUE COPY OF PLAINT DATED 20.3.2024 IN
O.S. NO. 50/2024 ON THE FILE OF THE
MUNSIFF'S COURT, KOYILANDY.
EXHIBIT R 6 ( g ) TRUE COPY OF REPORT DATED 29.5.2024
SUBMITTED BY THE ADVOCATE COMMISSIONER IN
O.S. NO. 50/2024 ON THE FILE OF THE
MUNSIFF'S COURT, KOYILANDY
