Dismissed

Chinmaya Mission Educational & Cultural Trust v. State of Kerala

Kerala HC22 Nov 2016WP(C)/31014/2016

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging the jurisdiction of the Kerala State Commission for Protection of Child Rights to entertain a complaint. It held that Section 13(2) of the CPR Act applies to the Commission constituted under that specific Act and does not bar the State Commission from inquiry.

What did the court decide?

The writ petitions were dismissed as totally misconceived and not sustainable under law.

Chinmaya Mission Educational & Cultural Trust Vs… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938

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WP(C).No. 31014 of 2016 (B)

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PETITIONER(S) :

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1. CHINMAYA MISSION EDUCATIONAL & CULTURAL TRUST (CMECT, GREATER COCHIN) REPRESENTED BY ITS CHIEF SEVAK, SRI. A.GOPALAKRISHNAN, AGED 64 YEARS, S/O LATE SRI. ANANTHANARAYANA IYER, BUILDING NO.41/3647-B, IST FLOOR, BLUE BIRD TOWERS, PROVIDENCE ROAD, ERNAKULAM-682 018.

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2. CHINMAYA VIDYALAYA, KANNANKULANGARA, TRIPUNITHURA-682 301, REPRESENTED BY ITS PRINCIPAL.

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BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.P.M.UNNI NAMBOODIRI

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 035.

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2. THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, T.C 14/2036, VANROSS JUNCTION, KERALA UNIVERSITY P.O., THIRUVANANTHAPURAM-695 034, REPRESENTED BY ITS REGISTRAR.

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3. THE CHINMAYA VIDYALAYA PARENT-TEACHERS ASSOCIATION REGISTERED NO.EKM/TC 407/2015, 29/100C, KANNANKULANGARA, TRIPUNITHURA-682 301, REPRESENTED BY ITS PRESIDENT.

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..2/-

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..2..

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WP(C).No. 31014 of 2016 (B)

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4. THE SECRETARY, CHINMAYA VIDYALAYA PARENT-TEACHERS ASSOCIATION REGISTERED NO.EKM/TC 407/2015, 29/100C, KANNANKULANGARA, TRIPUNITHURA-682 301.

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R1 & R2 BY GOVERNMENT PLEADER SRI. S.KANNAN R3 & R4 BY ADV. SRI.JOHN NUMPELI (JUNIOR)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2016, ALONG WITH W.P(C).NO. 34940 OF 2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 31014 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT AS CRMP NO.4986 OF 2007 DATED 27.06.2016.

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EXHIBIT P2: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS IN RESPECT OF CRMP NO.4986 OF 2007 DATED 20.07.2016.

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EXHIBIT P3: TRUE COPY OF THE COMPLAINT IN CC.224 OF 2016 DATED 05.04.2016 PENDING BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM FILED BY THE 3RD RESPONDENT.

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EXHIBIT P4: TRUE COPY OF THE PLAINT IN O.S.NO. 866 OF 2016 ON DATED 20.06.2016 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

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EXHIBIT P5: TRUE COPY OF THE ORDER IN I.A.NO. 4659 OF 2016 DATED 19.07.2016 IN O.S.NO. 866 OF 2016 WHICH WAS HEARD AND DISPOSED OF BY THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

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EXHIBIT P6: TRUE COPY OF THE REPLY STATEMENT SUBMITTED BY THE PETITIONERS HEREIN BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

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EXHIBIT R3(A): DIRECTION OF CBSE TO BHAVANS ADHARSHA VIDHALAYA, KAKKANAD DATED 25.03.2013.

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EXHIBIT R3B(1): GOVERNMENT ORDER G.O(MS)NO. 51/07 DATED 02.03.2007. EXHIBIT R3B(A): CIRCULAR NO. 49 DATED 06.11.2008 OF THE CENTRAL BOARD OF SECONDARY EDUCATION.

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EXHIBIT R3B(B): CIRCULAR NO. 16/2011 DATED 08.06.2011 OF THE STATE POLICE CHIEF, KERALA.

//TRUE COPY//

P.S.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). Nos.31014 & 34940 of 2016 ----------------------------------------------Dated this the 22^nd day of November, 2016

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JUDGMENT

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These writ petitions are filed by the petitioner

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challenging the power of the 2^nd respondent to consider Ext.P1 complaint in both the writ petitions.

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The contention advanced by the learned counsel for

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petitioner is that, Ext.P1 is hit by Section 13(2) of the Commissions for Protection of Child Rights Act, 2005, hereinafter called “the Act, 2005”, and the 2^nd respondent has no jurisdiction to entertain the complaint in view of the pendency of the very same dispute before the Consumer Dispute Redressal Forum, Ernakulam and also the First Additional Munsiff Court, Ernakulam. Section 13(2) of the Act, 2005 reads thus:

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“13. Functions of Commission.- (1) x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x (2) The Commission shall not inquire into any matter which is pending before a State

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W.P.(C). Nos. 31014 & 34940 of 2016 2

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Commission or any other Commission duly constituted under any law for the time being in force.”

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Therefore, according to the learned counsel, Section 13(2) takes care of pendency of a litigation before any other Commission other than the Commission mentioned under the Act, 2005. It is in this background seeking to quash the proceedings initiated and the notices issued by the 2^nd respondent, this writ petition is filed.

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Second respondent has filed a statement contending that, a proceeding is pending before the Consumer Disputes Redressal Forum, Ernakulam as CC No.224/2016 and a suit is pending before the 1^st Additional Munsiff Court, Ernakulam as O.S. No.866/2016, which was heard and disposed of by the 1^st Additional Munsiff Court, Ernakulam vide its order dated 19.7.2016 dismissing the same. It is also contended that, Section 13 comes under Chapter II and III which deals with National Commission for Protection of Child Rights and same has no bearing to Ext.P1 pending before the 2^nd respondent. It is also contended that the State Commission is taken care of

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W.P.(C). Nos. 31014 & 34940 of 2016 3

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under Section 17 of Act, 2005. It is also the contention of the 2^nd respondent that, the Commission mentioned under this Act is defined under Section 2(c) which reads thus:

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“Commission” means the National Commission for Protection of Child Rights constituted under Section 3 and Section 24(a) of Act, 2015”, which reads that; references to “Commission” shall be treated as references to State Commission.”

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Therefore, according to the learned counsel for 2^nd respondent, petitioner is under the misconception that the commission referred to in Act, 2015 is reference to the State Commission. According to the learned counsel, therefore, there is no circumstance made out by the petitioner warranting interference in Ext.P1 complaint and the notice issued by the 2^nd respondent.

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Taking note of the respective submissions made across the Bar, I find force in the contention advanced by the learned counsel for 2^nd respondent. The writ petitions are totally misconceived. The grounds raised thereunder are not at all sustainable under law. I also make it clear that, the

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W.P.(C). Nos. 31014 & 34940 of 2016 4

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commission referred to under Sections 13(2) and 24(a) of Act, 2005 is the commission denoted under the said Act and not any other commission constituted under any other Act and the writ petitions have no legal sustenance. Therefore, they are dismissed.

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Sd/-

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smv 23.11.2016

Chinmaya Mission Educational & Cultural Trust v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chinmaya Mission Educational & Cultural Trust v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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