In this writ petition challenging the fitness of Katampazhipuram High School, the Court held that the prayers sought had already been addressed and nothing survived for adjudication, dismissing the petition as abuse of process.
Prayers to declare duty, restrain fitness certificate, constitute committee, and direct specific actions dismissed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 17968 OF 2018
PETITIONERS:
UNNIKRISHNAN C.A, AGED 50 YEARS, SECRETARY, ACTION COUNCIL FOR HUMANITIES, 10/472 KARIMPUZHA, VAKKATAPURAM, PALAKKAD DISTRICT.
BY ADVS.SRI.P.G.JAYASHANKAR SMT.LINTA VARGHESE
RESPONDENTS:
7 THE ASSISTANT ENGINEER, LSGD OFFICE, KATAMPAZHIPURAM GRAMA PANCHAYATH, PO KATAMPAZHIPURAM-678633.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
S.MANIKUMAR, C.J.
Petitioner in this writ petition is the Secretary of Action Council for Humanities at Vakkatapuram in Palakkad district. Main concern raised by the petitioner herein is with respect to the fitness of the Katampazhipuram High school building in Palakkad district. According to the petitioner, there is inaction on the part of the authorities in taking appropriate action over Exhibits P1 to P3 complaints filed by the petitioner. It is also contended that the education authority filed the report before the Commission for Protection of Child Rights, Thiruvananthapuram, without actually inspecting the school. Therefore, the Commission has failed to comprehend the depth of the problem and issued some recommendations, which practically do not address the issues involved. Moreover, the recommendations of the Commission are yet to
be complied. Being aggrieved, petitioner has approached this court seeking the following reliefs:
i) Declare that respondents 1 to 7 are under legal duty to properly inspect and assess the fitness of Katampazhipuram High School to run the school for the ensuing academic year, 2018-19.
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ii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 6th and 7th respondents not to grant fitness certificate for the academic year 2018-19 to Katampazhipuram High School before the school building and other infrastructure are properly renovated, maintained and strengthened and assessed on actual inspection.
iii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 4th respondent to constitute a committee of senior experts from Public Works Department to assess the fitness of school building of Katampazhipuram High School to continue to run the school for the academic year 2018-19.
iv) Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 to allow the conduct of classes at Katampazhipuram High School only in class rooms for which fitness certificate is duly granted for the Academic year 2018-19.
v) Issue a writ of mandamus or other appropriate writ, direction or order directing the 5th respondent to enquire into and take appropriate action on Exhibit P2 representation in a time bound manner.
vi) Issue a writ of mandamus or other appropriate writ, direction or order directing the 4th respondent to enquire into and take appropriate action on Exhibit P1 representation in a time bound manner.
3.3.2018 the Kerala State Commission for Protection of Child Rights, Thiruvananthapuram, had issued the following recommendations under Section 15 of the Child Rights Protection Act, 2005:
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(a) The 3rd respondent has to take action to issue fitness certificate in due course on completion of the works of class rooms at Katampazhipurmam high School situated within Katampazhipuram Grama Panchayat, Palakkad District.
(b) As the school is an aided school, steps have to be taken by the Management for construction of the compound wall. There would be a direction to the 2nd respondent for ensuring that school management would construct the compound wall and other works soon.
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Officer, Mannarkkad has directed the Headmaster-in-charge to clear all difficulties. Fitness certificates received from Assistant Engineer, LSGD Section, Kadampazhippuram Grama Panchayat shows that the building is structurally fit for conducting classes under normal weather condition. No defects are noted in the fitness certificate by Assistant Engineer dated 28.5.2018.
“4. In the affidavit filed in support of the writ petition he states that he has no private or personal interest in the subject matter of the case and that he has not filed any application before this Hon'ble court or before any other Court seeking similar and identical reliefs on the same subject matter. This is apparently a wrong and false statement; a perjurious one and that he has indulged himself in several litigations targeting the present school and quite obvious in those litigations he was ventilating a personal grievance or that he was attempting to have a veiled attack on the school on behalf of certain other persons who have instituted the proceedings. This is explicitly clear from the many proceedings
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already had before the Munsiff court, Ottapalam. One Ravichandran, instituted O S No 30 of 2018 before the Munsiff court, Ottapalam in which to support the said Ravichandran who is hand in glove with this Unnikrishnan, as the fourth defendant and in the plaint itself at paragraph 6 it is stated that the public spirited person of the place had issued a letter to the United States of America and that he had a complaint lodged stating that a power of attorney under which a coowner gave up her rights is the result of fraud perpetrated on the basis of which the police registered a case as Crime No 211 of 2017 which, I would submit stands stayed. All these matters are referred to in the plaint submitted in OS No 30 of 2018 before the Munsiff court, Ottapalam.
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certificate has been issued. This is a clear case in which the entire writ petition is the result of gross of abuse of process of law and court. The prayers sought in the writ petition have become infructuous but the fact remains that this Hon'ble court necessarily has to conduct an enquiry as to how such unscrupulous persons could institute proceedings before this Hon'ble court in public interest when they are involved in so many litigations and they have got substantial private interest and motive for instituting such proceedings.”
of the view that the prayer sought for has already been addressed and
nothing survives in this writ petition for further adjudication.
Writ petition is dismissed.
sd/S.MANIKUMAR CHIEF JUSTICE
sd/SHAJI P. CHALY JUDGE
jes
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 02.02.2017 SENT BY THE PETITIONER TO THE DISTRICT COLLECTOR, PALAKKAD POINTING OUT THE PATHETIC CONDITION OF THE SCHOOL BUILDING AND INFRASTRUCTURE FACILITIES AT KATAMPAZHIPURAM HIGH SCHOOL.
EXHIBIT P1A TRUE ENGLISH TRANSLATION OF EXHIBIT P1.
RESPONDENTS' EXHIBITS:
// TRUE COPY //
P.S. TO JUDGE
3 issues framed by the court
Whether the prayers sought by the petitioner to inspect the fitness of Katampazhipuram High School and restrain authorities have become infructuous as the matter was already addressed.
Whether the writ petition amounts to abuse of process of law given the petitioner's involvement in multiple pending litigations affecting the same school.
Whether the fitness certificate issued by the Assistant Engineer validates the school's structural fitness for the academic year 2018-19.
1 provisions across 1 enactments
UNNIKRISHNAN C.A
DEPUTY DIRECTOR OF EDUCATION, PALAKKAD
DISTRICT EDUCATIONAL OFFICER, MANNARKAD
DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM
DISTRICT COLLECTOR, PALAKKAD
SECRETARY, KATAMPAZHIPURAM HIGH SCHOOL
S.MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
