In this writ petition challenging an order by the Registrar regarding an aided school, the Court held that the dispute is essentially a civil matter. The writ petition was closed with liberty to approach civil courts, subject to limitation laws.
Writ petition closed with liberty to approach civil courts subject to laws of limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939
WP(C).No. 203 of 2010 (A)
PETITIONER(S):
NAGATH V. RAJEEVAN, NAGATH HOUSE, NADUVANNOOR, KOZHIKODE, SECRETARY,, NADUVANNOOR HIGHER SECONDARY SCHOOL SOCIETY,, NADUVANNOOR.
BY ADVS.SRI.P.P.JACOB SRI.T.P.GOPAKUMAR
RESPONDENT(S):
1. THE DISTRICT REGISTRAR (G), KOZHIKODE AUTHORITY UNDER SOCIETIES REGISTRATION, ACT,
KOZHIKODE.
2. THE NADUVANNOOR HIGHER SECONDARY SCHOOL SOCIETY, MANAGING COMMITTEE,, NADUVANNOOR, KOZHIKODE, REPRESENTED BY ITS PRESIDENT.
3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE.
R1&3 BY GOVERNMENT PLEADER SMT.A.C.VIDYA R2 BY ADV. SRI.V.A.MUHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 203 of 2010 (A)
APPENDIX
PETITIONERS' EXHIBITS
RESPONDENT(S)' EXHIBITS
EXHIBIT R2(A);- TRUE COPY OF THE CERTIFICATE OF REGISTRATION.
EXHIBIT R2(B):- TRUE COPY OF THE G.O(MS)NO.162/98/G.EDN. OF THE GOVERNMENT.
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WP(C).No. 203 of 2010 (A)
EXHIBIT R2(C):- TRUE COPY OF THE RULES AND REGULATIONS OF THE SOCIETY.
EXHIBIT R2(D):- TRUE COPY OF THE MEMORANDUM OF ASSOCIATION.
EXHIBIT R2(E):- TRUE COPY OF THE PROCEEDINGS NO.D-DIS.42032/67 (GS) OF THE REGIONAL DY. DIRECTOR.
EXHIBIT R2(F):- TRUE COPY OF THE UPDATED RULES AND REGULATIONS.
EXHIBIT R2(G):- TRUE COPY OF THE ORDER NI.B2-8960/2008/K.DIS.OF THE DEPUTY DIRECTOR.
EXHIBIT R2(H):- TRUE COPY OF THE TITLE DEEDS OF HE SCHOOL.
EXHIBIT R2(I):_ TRUE COPY OF THE TITLE DEEDS OF THE SCHOOL.
EXHIBIT R2(J):- TRUE COPY OF THE POSSESSION CERTIFICATE.
EXHIBIT R2(K):_ TRUE COPY OF THE TAX RECEIPTS.
EXHIBIT R2(L):- TRUE COPY OF HE TAX RECEIPTS.
EXHIBIT R2(M):_ TRUE COPY OF THE TAX RECEIPTS.
EXHIBIT R2(N):- TRUE COPY OF THE MINUTES OF THE SOCIETY.
EXHIBIT R2(O):_ TRUE COPY OF THE ORDER NO..DIS B1-3555/07 OF THE DISTRICT EDUCATIONAL OFFICER .
EXHIBIT R2(P):_ TRUE COPY OF THE PROCEEDINGS NO,K.DIS.625/91 OF THE DIST. EDUCATIONAL OFFICER.
EXHIBIT (Q):_ TRUE COPY OF THE ORDER NO.K.DIS.5225/01 OF THE DISTRICT EDUCATIONAL OFFICER.
EXHIBIT R2(R):_ TRUE COPY OF THE ORDER NO,K.DS.B2/9132/04 OF THE DIST. EDUCATIONAL OFFICER,
EXHIBIT R2(S):- TRUE COPY OF THE LETTER NO.E5-2410/08/DS & YA OF THE DIRECTOR.
EXHIBIT R2(T):_ TRUE COPY OF THE AGREEMENT EXECUTED BY GRANTEE SCHOOL ALONG WITH PRE-STAMPED RECEIPT.
EXHIBIT R2(U):_ TRUE SPY OF THE ORDER OF APPOINTMENT OF SAJINA.
EXHIBIT R2(V):- TRUE COPY OF THE ORDER OF APPOINTMENT OF RAJEEVAN.
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WP(C).No. 203 of 2010 (A)
EXHIBIT R2(W):_ TRUE COPY OF THE ORDER NO A5/6993/07/K.DIS OF THE REGIONAL DEPUTY DIRECTOR.
EXHIBIT R2(X):- TRUE COPY OF THE ORDER NO,A5/69992/07/K.DIS OF THE REGIONAL DEPUTY DIRECTOR.
EXHIBIT R2(Y):- TRUE COPY OF THE ORDER NO,A5/7348/08/K.DIS OF THE -DO-. EXHIBIT R2(Z):_ TRUE COPY OF THE STAFF FIXATION ORDER 2009-10 (ORDER NO,.D.DS.B1/36664/09 OF THE DIST, EDUCATIONAL OFFICER).
EXHIBIT R2(A)(A):_ TRUE COPY OF THE INTIMATION OF THE SECRETARY. EXHIBIT R2 (A) (B):_ TRUE COPY OF THE APPLICATION FOR MEMBERSHIP. EXHIBIT R2(A) (C):_ TRUE COPY OF THE RECEIPT.
EXHIBIT R2(A) (D):_ TRUE COPY OF THE LETTER OF THE PRESIDENT.
/TRUE COPY/
PS TO JUDGE
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K. VINOD CHANDRAN, J.
W.P(C). No.203 of 2010 [A]
---------------------------------Dated this the 19th day of September, 2017
JUDGMENT
The issue raised in the above writ petition is with respect to an educational agency, which is entitled to carry on the activities of an aided School. The challenge in the above writ petition was against Ext.P10 order passed by the Registrar, which order was passed pursuant to the directions issued in Ext.P7, which was filed by the petitioner himself. The petitioner now submits that essentially the issue is a civil dispute and the petitioner would work out his remedies elsewhere.
Leaving open such liberty subject to laws of limitation, the writ petition would stand closed.
Sd/-
K. VINOD CHANDRAN, JUDGE.
//True Copy//
P.A. to Judge
sp/19/09/17
2 issues framed by the court
Whether the petition involves a civil dispute requiring closure?
Whether the writ challenge against the impugned order should be closed leaving parties to approach civil courts?
Nagath V. Rajeevan
Naduvannoor Higher Secondary School Society
The District Registrar (G), Kozhikode
The District Educational Officer, Thamarassery
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
