Dismissed
Sangeetha Society Management Corporate Aided Schools v. the Government of Kerala
Kerala HCWP(C)/23409/2021
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943
WP(C) NO. 23409 OF 2021
PETITIONER:
SANGEETHA SOCIETY MANAGEMENT CORPORATE AIDED SCHOOLS,
PALAMATTAM, THATTEKKAD P. O., KOTHAMANGALAM,
REPRESENTED BY ITS CORPORATE MANAGER, T. P.
VARGHESEKUTTY, THEKKILAKKAT HOUSE,
THATTEKKAD P. O., KOTHAMANGALAM, PIN – 686 681.
BY ADVS.
M.A.ABDUL HAKHIM
JOSEPH GEORGE
RESPONDENTS:
1 THE GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.3 DEPUTY DIRECTOR OF EDUCATION DEPUTY DIRECTORATE OF EDUCATION, CIVIL STATION, KUNATHURMEDU, PALAKKAD, PIN – 678 001.4 DISTRICT EDUCATIONAL OFFICER GENERAL EDUCATION DEPARTMENT, MUNICIPAL COMPLEX, ROBINSON ROAD, SULTANPET, PALAKKAD, PIN – 678 014.5 ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE GENERAL EDUCATION DEPARTMENT, KOLLENGODE - ANAMARI ROAD, KOLLENGODE, PIN – 678 506.6 ASSISTANT EDUCATIONAL OFFICER, CHITTUR, GENERAL EDUCATION DEPARTMENT, CHITTUR, PIN – 678 101.W.P.(C)No.23409 of 2021-A
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7 KOLLENGODE GRAMA PANCHAYAT, KOLLENGODE, PIN – 678 506, REPRESENTED BY ITS SECRETARY.8 ELAPPULLY GRAMA PANCHAYAT, VENGODI, ELAPPULLY, PIN – 678 622, REPRESENTED BY ITS SECRETARY.SRI.V. TEK CHAND, SR GP FOR R1 TO R6,
SRI.SYAM J.SAM, SC FOR R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.23409 of 2021-A
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JUDGMENT
Dated this the 8th day of November, 2021
S.Manikumar, C.J.
In the instant writ petition, petitioner has sought for the
following reliefs:
W.P.(C)No.23409 of 2021-A
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“15. Thus from the materials on record, it could be deduced that Government have complied with the directions issued by this court dated 3.9.2019 in W.P. (C)No.22457/2019 to remove asbestos sheet roofings from all the schools functioning under the education department within a period of two years from the date of the Government Order.
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(C)No.22457/2019 reads as under:
“Petitioner, who is the manager of an aided school challenges Ext.P6 and P8 order rejecting his request for 3 years' time for replacing the asbestos roof of 5 class rooms of his school. Pointing out the large number of schools, as given in Ext.P9 to P10 lists, having asbestos roof petitioner alleges discrimination.
W.P.(C)No.23409 of 2021-A
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There shall be a direction to the respondents to see that the asbestos roof of the class rooms of all the schools are replaced in a time bound manner.”
i. In State of Nagaland and Another v. Toulvi Kibami and Another (cited supra), the Hon'ble Apex Court held as under:
“2. Having heard learned counsel for the parties, we are of the view that in view of the subsequent events that had taken place consequent upon the judgment of the Division Bench, the review petition filed by respondent No. 1 was not maintainable. In fact the judgment of Letters Patent Bench was acted upon and it stood exhausted and the review petition was futile. Under such circumstances, the review petition ought not to have been entertained
W.P.(C)No.23409 of 2021-A
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and decided on merits.
ii. That apart, in Sh. C. Lawmzuala v. Mizoram University and Anr. , reported in (2015) SCC Online Gau 803 , a Hon'ble Division Bench of the High Court of Gauhati at Aizawl held as under:
“ 6 . In the instant case also, during the pendency of the writ petition, acting upon the impugned order of this court, advertisement for the post in question was issued, in response whereof the petitioner also submitted his application, but he was not called for the interview as he did not qualify for the post. Under the circumstances, the impugned order has been exhausted and the review petition is futile. Therefore, in terms of the decision in Toulvi Kibami (supra), this review petition cannot be entertained and decided on merit. Since the review petition can be rejected on the afore-stated ground, it is not necessary, to deal with the other contentions of the learned senior counsel for the petitioner since a court of law does not decide more than what is necessary.”
iii. Following the decision in Toulvi Kibami' s case (cited supra), a learned single Judge of this Court in Plakkattu Granites (P) Limited v. State of Kerala [Judgment dated 14.08.2020 in R.P. No.326 of 2019 in W.P.(C) No.25012/2013], held as under:
“7...........................Therefore, I am also of the view
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that, since the directions contained in the common judgment rendered by this Court was acted upon, a review is not maintainable under law. The said issue was considered by the Apex Court in State of Nagaland and Ors. v. Toulvi Kibami and Ors. [(2003) 8 SCC 671] and held that when a judgment is acted upon a review petition cannot be sustained under law. …........”
iv. In P. Anil Kumar and Others v. Indian Red Cross Society, Represented by its Secretary General, National Headquarters and Others , reported in 2020 SCC Online Ker 3376 , we held as under:
“12. ................Yet another reason that would weigh with us is that, already the judgment is acted upon and the committee constituted by the National Headquarters headed by a retired Judge of this Court has proceeded with the enquiry, and the enquiry is complete and the report is awaited.
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In the light of the above decision, instant writ petition is dismissed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
W.P.(C)No.23409 of 2021-A
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APPENDIX OF WP(C) 23409/2021
PETITIONER EXHIBITS
Exhibit |
P1A PHOTOSTAT COPY OF TH |
E ORDER DATED 31.01.2009 OF |
|---|---|---|
THE KERALA STATE HUMAN |
RIGHTS COMMISSION, |
|
THIRUVANANTHAPURAM IN |
HRMP.NO.126/2007. |
Exhibit |
P2A PHOTOSTAT COPY OF THE |
CIRCULAR DATED 19.06.2017 |
|---|---|---|
ISSUED BY THE ADDITIONAL |
DIRECTOR OF PUBLIC |
|
INSTRUCTIONS. |
Exhibit P3 A PHOTOSTAT COPY OF THE GOVERNMENT ORDER DATED 09.10.2019 ISSUED BY THE 1ST RESPONDENT.Exhibit P4 A PHOTOSTAT COPY OF THE GOVERNMENT ORDER DATED 17.10.2019 ISSUED BY THE 1ST RESPONDENT.Exhibit P5 A PHOTOSTAT COPY OF THE ORDER DATED 05.03.2020 ISSUED BY THE DIRECTOR OF PANCHAYATS.Exhibit P6 A PHOTOSTAT COPY OF THE CIRCULAR DATED 16.08.2021 ISSUED BY THE CHIEF ENGINEER, LOCAL INFRASTRUCTURE DEVELOPMENT AND ENGINEERING WING, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.Exhibit P7 A TRUE PHOTOGRAPH DATED NIL SHOWING THE FALSE CEILINGS UNDER THE ROOFINGS IN THE CLASS ROOMS IN ST. MARYS LPS ACHANAMCODE BELONGING TO THE PETITIONER.Exhibit P8 A TRUE PHOTOGRAPH DATED NIL SHOWING THE FALSE CEILINGS UNDER THE ROOFINGS IN THE CLASS ROOMS IN TALPS, KOLLENGODE BELONGING TO THE PETITIONER.Exhibit P9 A TRUE PHOTOGRAPH DATED NIL SHOWING THE FALSE CEILINGS UNDER THE ROOFINGS IN THE CLASS ROOMS IN ALPS RAMASSERY BELONGING TO THE PETITIONER.Exhibit P10 A PHOTOSTAT COPY OF THE NEWS ITEM REPORTED IN MATHRUBHOOMI DAILY NEWS PAPER DATED 26.10.2021.//true copy//
P.A. to Judge
2 issues framed by the court
Whether a writ appeal is maintainable when the directions of an interim order have already been acted upon by the administration.
Whether the impugned orders regarding school roofings can be quashed after compliance with earlier judicial directions.
Colour shows how this judgement treated each authority
State of Nagaland and Another v. Toulvi Kibami and AnotherExplained¶52
State of Nagaland and Another v. Toulvi Kibami and Another
Sh. C. Lawmzuala v. Mizoram University and Anr.Explained¶58
Sh. C. Lawmzuala v. Mizoram University and Anr.
Plakkattu Granites (P) Limited v. State of KeralaReferred¶60
Plakkattu Granites (P) Limited v. State of Kerala
P. Anil Kumar and Others v. Indian Red Cross SocietyExplained¶65
P. Anil Kumar and Others v. Indian Red Cross Society
SANGEETHA SOCIETY MANAGEMENT CORPORATE AIDED SCHOOLS
THE GOVERNMENT OF KERALA
DIRECTOR OF GENERAL EDUCATION
DEPUTY DIRECTOR OF EDUCATION
DISTRICT EDUCATIONAL OFFICER
KOLLENGODE GRAMA PANCHAYAT
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court