Writ appeal filed against a High Court order setting aside a Taluk Library Council notice. The High Court subsequently implemented the order. Appeal dismissed as the matter was already disposed of.
Dismissal of the writ appeal on the grounds that the underlying matter has already been implemented by the State Library Council.
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
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
WA NO. 1693 OF 2022
AGAINST THE JUDGMENT IN WP(C) 20726/2011 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
K.PADMANABHAN,
AGED 52 YEARS, SON OF CHEKKUTTY,
RESIDING AT KAIPPATTU HOUSE, IYYADU,
UNNIKULAM, KOZHIKODE DISTRICT - 673 574.
BY ADV JACOB ABRAHAM
RESPONDENTS/RESPONDENTS:
1 KERALA STATE LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, TRIVANDRUM-695 033.2 KOZHIKODE DISTRICT LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, CENTRAL LIBRARY BUILDING, KOZHIKODE-673 001.3 KOYILANDY TALUK LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, STADIUM BUILDING, KOYILANDI, KOZHIKODE- 673 305.4 SECRETARY, CULTURAL AFFAIRS DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM- 695 001.ADV.SRI. A. ARUNKUMAR
SRI. V. TEKCHAND, SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.11.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of November, 2022
S.Manikumar, C.J.
Before the writ court, petitioner/appellant has sought
for the following reliefs:
are as under:
Petitioner is a member of Sangamam Library and Reading Room, West Iyyadu, Unnikulam Panchayath, Kozhikode. According to him, the library which was established in the year
1985, is affiliated to the Kerala State Library Council (1st
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respondent) and created under the Kerala Public Libraries (Kerala Granthasala Sanghom) Act, 1989. Exhibit P1 notice is issued by the Koyilandy Taluk Library Council to one E.Prakashan, who is the then Secretary of the library, to the effect that, Koyilandy Taluk Library Council and District Library Council came to the conclusion that the library is not functioning properly. It is further stated therein that the Kozhikode District Library Council authorised the Koyilandy Taluk Library Council to constitute an Adhoc Committee for the administration of the library. Accordingly it is decided by the Koyilandy Taluk Library Council to convene a meeting of the persons interested to the library on 25.07.2011. Aggrieved by the same, the writ petition was filed.
Koyilandy Taluk Library Council, challenge before the writ court, is reproduced:
“KOYILANDY TALUK LIBRARY COUNCIL [Incorporated as per Kerala Public Libraries Act 1989] Kerala Granthasala Stadium Building, Koyilandy, 673005
15-07-2011
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To
E. Prakashan
Sir
Taluk and District Library Council have received several complaints alleging that Sangamam library and reading room bearing Reg. No 4784 in Koyilandy Taluk is not opening and working. As per the complaints the office bearers of the Koyilandy Taluk library Council gave communications to its secretary in several occasions and visited the library but the office bearers of the library were not present at time and not opened the library. Then the President, vice prescient secretary of the Taluk Library council visited the library on 27 - 05-2011 after given intimation through registered Tapal. It is noticed that some portions of the roof of the library is damaged and not opened the library for long period. The tenure of the legally elected executive committee of the library was expired on 26-011-2009. The library has not received the yearly grant from the state library council for the year 2010-11. The Taluk and district library Council found that the working of the library is stopped.
As per the above fact, in accordance with section 6 and 9 of the Kerala Grandhasala Act, district library council have direct to Taluk Library Council to form an Adhoc committee for the administration of the library. As per these an Adhoc committee is form for this smooth functioning of the Sangamam Library & reading room, West lyyad. For this purpose a meeting of the people of west Iyyad, representatives of the people, the members of the expired executive committee of the library, Taluk library council
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members who elected from the Sangamam library & reading room and members of the library is scheduled to be held on 25-07-2011, Monday at 11 am on the premises of the Sangamam library & reading room- west lyyad. It is requested you, to participate in the meeting because you desire the existence of the library and also to instigate others to participate in the meeting.
| Yours faithfully | |
|---|---|
| Koyilandy | Sd/- |
| Taluk library council | K.K. Pradeepan |
| Koyilandy | Secretary” |
“5. From a bare reading of Clause 6(9), it is clear that a library can be taken over only by the State Library
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Council, but of course it can be done temporarily through Taluk or District Library Council. But order of the State Library Council is necessary in that situation. I perused Ext.P1 order. In Ext.P1 it is stated that the Kozhikde District Library Council authorised the Koyilandy Taluk Library Council to take over the library. The District Library Council or the Taluk Library Council has no jurisdiction to take over a library as per Clause 6(9) of the bye-law. The State Library Council can entrust temporarily the charge of a library to Taluk Library Council or District Library Council and constitute an Adhoc Committee. In this case, admittedly the Koyilandy Taluk Library Council issued Ext.P1 notice based on an authorisation from the Kozhikode District Library Council and took over the administration of the library and it is now entrusted to an Adhoc Committee. This is against Clause 6(9) of the byelaw and hence is unsustainable. The learned Standing Counsel takes me through Ext.R1(l) produced along with the counter affidavit. Ext.R1(l) is a letter dated 09.06.2011 from the 1st respondent Kerala State Library Council to the Secretary, District Library Council, Kozhikode. This letter is issued by the State Library Council delegating its power to the Koyilandy Taluk Library Council. It is a fundamental principle that a delegate cannot further delegate without backing of law. A reading of Clause 6(9) of the bye-law, it is clear that, a subjective satisfaction of the 1st respondent is necessary before authorising District or Taluk Library Council to constitute the Adhoc Committee. No such preliminary finding of the 1st respondent is there about the functioning of the library. In
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such circumstances the State Library Council cannot delegate its power to take over the library to a Taluk Library Council especially when there is no authority for the State Library Council to delegate such power to the District Library Council or the Taluk Library Council without a preliminary finding that, the libarary is not functioning in accordance to law or there is any stalemate in the functioning of the library. In such circumstances, according to me, Ext.P1 is unsustainable. Moreover, Rule 10 of the Public Libraries (Kerala Granthasala Sanghom) Rules, 1991 says about the power to withdraw affiliation. It will be better to extract Rule 10:
“10. Power to withdraw the affiliation.- (1) Notwithstanding any provision contained in the rules/bye-laws/regulations of an affiliated library, the State Library Council shall be competent to take suitable steps to take over by itself the effects, assets and liabilities shall be taken over by the Taluk Library Council within the area of which the library is situated when it is found that- (i) the library has ceased to function and is not in a position to get it revived; or (ii) its functioning is such that taking over of the assets etc. is absolutely necessary to protect the interests of the members; (2) Action as per sub-rule (1) shall not be finalised unless reasonable opportunity is given to the committee of the library to explain why such an action shall not be finalised.”
From Rule 10 also it is clear that only the State Council has got jurisdiction to withdraw the affiliation of a library.
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bifurcated and the library is functioning under Thamarassery Taluk Library Council. But when the steps are taken, which leads to Ext.P1 is illegal, it is a matter to be reconsidered by the 1st respondent afresh. The 1st respondent can decide the matter afresh in accordance to Clause 6(9) of the bye-law. The 1st respondent can also take appropriate steps for temporary arrangement regarding the functioning of the library. The petitioner is free to approach the 1st respondent with a representation for entrusting the administration of the library to the earlier committee, till final decision is taken by the 1st respondent. If that is the case, the 1st respondent can consider the same also in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
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pass appropriate orders in accordance to law. The 1st respondent is free to make other arrangements also, if it is not possible to entrust the administration to the earlier committee.”
Being aggrieved, instant writ appeal is filed.
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treated as part of record.
the Kerala State Library Council, is reproduced:
“PROCEEDINGS OF THE SECRETARY OF KERALA STATE LIBRARY COUNCIL
Subject: Kerala State Library Council - Regarding implementation of judgment in the case WP(C) No.20726. Reference: Judgment dated 24-02-2022 in WP(C) No. 20726/11 of Hon'ble High Court of Kerala.
Order No. D1-915/22 Date: 19.04.2022
A case had been filed by Mr.K.Padmanaban numbered WP(C) No. 20726/11 before the Hon'ble High court with regards to functioning of Sangamam Library & Reading Room West Iyad in Unnikulam Panchayat of Kozhikode district, and judgment was passed as referred in the case. As per the judgment, the State Library Council has to implement the judgment directions within two months by taking over the operation and management of the said library. On the basis of the judgment of the Hon'ble High court passed in WP(C) No. 20726/11, the administration and management of the Sangamam Library and Reading room West Iyad can be taken over through Tamarasery Taluk Library and administration can be entrusted temporarily to an Adhoc committee.
On the basis of the above facts, to Thamarassery Taluk Library Council is hereby ordered to take over the management and administration of Sangamam Library & Reading Room West Iyad.
V.K.MADHU SECRETARY”
acting on the judgment in W.P.(C)No.20726 of 2011 dated
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24.02.2022, the Secretary, Kerala State Library Council, respondent No.1, in the writ petition has already passed orders as stated supra.
Other contentions made that the above said order is only
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a temporary measure, reading of rule 10 of the Public Libraries (Kerala Granthasala Sanghom) Rules, 1991, empowers the Kerala State Library Council to take suitable steps to take over its assets and liabilities, for the reasons stated therein, it can be either temporary or permanent.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
//true copy//
P.A. to Judge
Colour shows how this judgement treated each authority
W.P.(C).No.20726/2011Relied on¶17
K. Padmanabhan
Kerala State Library Council
Kozhikode District Library Council
Koyilandy Taluk Library Council
Secretary, Cultural Affairs Department, Government of Kerala
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court