The High Court of Kerala dismissed two writ petitions contending abuse of process for filing writs while an appeal under Kerala Education Rules was pending. The court denied access to PTA funds and dismissed petitions with costs.
Writ petitions dismissed with a cost of Rs.25,000/- each to be paid to the Kerala High Court Bar Association.
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 AMIT RAWAL
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 27560 OF 2021
PETITIONER:
THE MANAGER,
MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD P.O.,
KOLLAM - 691 303, REPRESENTED BY G. SADASIVAN,
S/O. LATE R. GOPALAN, AGED 74 YEARS, LAL DALE,
KUNNUKUZHI, UNIVERSITY P.O., THIRUVANANTHAPURAM 695 034.
BY ADV B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.2 THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF KERALA, JAGATHY P.O., THIRUVANANTHAPURAM 695 014.3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM 691 009.4 THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE, CUTCHERY P.O., KOLLAM 691 013.5SRI.K.K. SUGADADAS,
AGED 68 YEARS, S/O. LATE. G. KUMARAN, SUJALADHANYAM,
SAGARATHEERAM FLATS, EST LANE, NEAR THANNI JUNCTION,
MAYYANAD P.O. KOLLAM 691 303.
BY ADV A.K.PREETHA
SRI.JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH WP(C).8910/2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C)NOs.27560/2021 & 8910/2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 8910 OF 2022
PETITIONER:
THE MANAGER
MAYYANAD HIGHER SECONDARY SCHOOL,
MAYYANAD P.O., KOLLAM - 691 303
REPRESENTED BY G.SASDASIVAN,
S/O.LATE R.GOPALAN, AGED 74 YEARS,
LAL DALE, KUNNUKUZHI, UNIVERSITY P.O.,
THIRUVANANTHAPURAM - 695 034.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
SHINE N.S
KARTHIK J SEKHAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2 THE DIRECTOR OF GENERAL EDUCATION GOVERNMENT OF KERALA, JAGATHY P.O., THIRUVANANTHAPURAM - 695 014.3 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY P.O., KOLLAM - 691 009.4 THE DISTRICT EDUCATIONAL OFFICER COLLECTORATE, CUTCHERY P.O., KOLLAM - 691 013.WP(C)NOs.27560/2021 & 8910/2022
3
5K.K.SUGADADAS
AGED 68 YEARS
S/O.LATE G.KUMARAN, SUJALADHANYAM,
SAGARATHEERAM FLATS, EAST LANE,
NEAR THANNI JUNCTION,
MAYYANAD P.O., KOLLAM - 691 303.
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, ALONG WITH WP(C).27560/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)NOs.27560/2021 & 8910/2022
4
JUDGMENT
[WP(C) Nos.8910/2022, 27560/2021]
This order of mine shall dispose of two writ petitions W.P. (C).Nos.27560/2021 and 8910/2022. The dispute in both writ petitions is essentially the same and therefore they are being decided by a common order.
WP(C)NOs.27560/2021 & 8910/2022
5
ownership of the school as per the byelaw approved by the District Education Officer, Collectorate, Cutchery, Kollam (Ext.P1). Sri.B.P.Subhash was unanimously elected as the manager of the school representing the family of Sri.Purushothaman and forwarded the matter to the 4th respondent for approval, which was approved for a period upto 30.06.2020. On 29.05.2020 the nominees again unanimously elected Sri.B.P.Subhash as the manager for one year from 01.07.2020 to 30.06.2021 which was also approved by the 4th respondent vide order dated 01.10.2020 (Ext.P2).
WP(C)NOs.27560/2021 & 8910/2022
6
manager was dismissed on 29.12.2020 that the legal heirs of Sri.Krishnan Govindan did not unanimously cast their vote in the management committee. The 5th respondent filed an I.A.No.1/2021 in the O.S.No.2/1986 before the Additional District Judge-I, Kollam, for a direction to appoint the 5th respondent as the member representing the family of Sri.Krishnan Govindan in the managing committee of Mayyand Higher Secondary School and also restrain committee from taking important decisions including the appointment of the manager, employees etc. and restrain Smt.B.P.Beena Kumari from acting as the manager of the school. Learned Additional District Judge vide order dated 13.10.2021, pending disposal of the petition, directed the parties to maintain status quo and petitioner was allowed to do urgent matters necessary for the functioning of the school until further orders as evident from Ext.P4.
WP(C)NOs.27560/2021 & 8910/2022
7
management committee along with the minutes of the Annual Council Meeting and other record for approval of the appointment as manager of the school, as evidenced from the contents of the application Ext.P6. It was next submitted that the 4th respondent did not pass order on the said application and petitioner along with others filed I.A.No.6/2021 in I.A.No.1/2021 before the Additional District Judge-I, Kollam, for direction to the 4th respondent to approve the appointment of the petitioner as the status quo order was causing embodiment. The learned Additional District Judge-I vide order dated 09.11.2021 declined to issue directions to the 4th respondent. 4th respondent vide impugned order dated 27.11.2021 Ext.P9 rejected the application declining to approve the appointment of the petitioner to the post of manager since there was a dispute with regard to the ownership of the school. It is in that context petitioner has approached this Court in W.P. (C).No.27560/2021 with the following prayers:
8
WP(C)NOs.27560/2021 & 8910/2022
respondents and on 07.12.2021, in continuation of the aforementioned order, direction was issued to the 4th respondent - District Education Officer to provisionally permit the petitioner to act as manager of Mayyand Higher Secondary School, Kollam. In pursuance to the aforementioned order dated 07.12.2021, 4th
WP(C)NOs.27560/2021 & 8910/2022
9
respondent had issued the order dated 14.12.2021. But since the order was not complied with, petitioner filed a contempt petition and vide order dated 17.01.2022, was permitted to continue as manager provisionally with no right to conduct appointment and enter into financial contract or utilize PTA fund. It is the aforementioned order which has been challenged as an abundant caution in the second W.P.(C).No.8910/2022.
The gamut of the argument would reveal that the petitioner
WP(C)NOs.27560/2021 & 8910/2022
10
intends to make use of the PTA funds and indulge into financial matters till such time. This Court finds that such an attempt at the behest of the petitioner is wholly contumacious and gross abuse of the process of the Court particularly when the appeal is stated to be pending. The remedy could have been by moving an appropriate interim application in the pending appeal but not in the manner and mode. In this view of the matter, writ petitions are wholly aberrative, repugnant and are dismissed with a cost of Rs.25,000/- each to be paid to the Kerala High Court Bar Association within a period of two weeks from today. In case, the receipt of the cost would not be placed on record of the file, Registry is directed to place the writ petitions before this Court for further action in accordance with law.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C)NOs.27560/2021 & 8910/2022
11
APPENDIX OF WP(C) 27560/2021
PETITIONER EXHIBITS
Exhibit P1 |
THE TRUE COPY OF THE SCHEME FORADMINISTRATION OF THE SCHOOL AND THEAPPROVED BYE LAW APPROVED BY THE 4THRESPONDENT AS PER ORDER NO.B.6/13137/2014/K.DIS. DATED 12/11/2014. |
|---|---|
Exhibit P2 |
THE TRUE COPY OF THE ORDER NO.B.5/2404/2020/K.DIS. DATED 01/10/2020ISSUED BY THE 4TH RESPONDENT. |
Exhibit P3 |
THE TRUE COPY OF THE ORDER NO.B.5/4001/2020 DATED 29/12/2020 ISSUED BYTHE 4TH RESPONDENT. |
Exhibit P4 |
THE TRUE COPY OF THE ORDER IN I.A. NO.1/2021 IN O.S. NO. 2/1986 DATED13/10/2021 OF THE ADDITIONAL DISTRICTJDUGE-1. KOLLAM. |
Exhibit P5 |
THE TRUE COPY OF THE COMMUNICATION NO.MHSS/CM/01-21-22 DATED 01.07.2021 ELECTEDTHE PETITIONER AS THE MANAGER OF THESCHOOL. |
Exhibit P6 |
THE TRUE COPY OF THE APPLICATION REF. NO.NO. MHSS/CM/01-21-22 DATED 01/07/2021 ANDOTHER DETAILS SUBMITTED BY THE PETITIONERBEFORE THE 4TH RESPONDENT DATED01/07/2021. |
Exhibit P7 |
THE TRUE COPY OF THE ORDER DATED09/11/2021 IN I.A. NO. 6/2021 IN I.A. NO.1/2021 IN O.S. NO. 2/1986 OF THEADDITIONAL DISTRICT JUDGE-1, KOLLAM. |
Exhibit P8 |
THE TRUE COPY OF THE ORDER NO.ETI/1467/2021/DGE DATED 18/11/2021 ISSUEDBY THE 2ND RESPONDENT CONFIRMING EXT. P3 |
WP(C)NOs.27560/2021 & 8910/2022
12
ORDER.
Exhibit P9THE TRUE COPY OF THE ORDER NO.
B5/4001/2020 DATED 27/1/2021 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P10THE TRUE COPY OF THE MEMORANDUM OF APPEAL
DATED 11/12/2021 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
WP(C)NOs.27560/2021 & 8910/2022
13
APPENDIX OF WP(C) 8910/2022
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE SCHEME FOR
ADMINISTRATION OF THE SCHOOL AND THE
APPROVED BYE-LAW APPROVED BY THE 4TH
RESPONDENT AS PER ORDER NO.B
6/13137/2014/K.DIS. DATED 12/11/2014.
Exhibit P2THE TRUE COPY OF THE ORDER
NO.B.5/2404/2020/K.DIS. DATED 01/10/2020
ISSUED BY THE 4TH RESPONDENT.
Exhibit P3THE TRUE COPY OF THE ORDER
NO.B.5/4001/2020 DATED 29/12/2020 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P4THE TRUE COPY OF THE ORDER
NO.I.A.NO.1/2021 IN O.S.NO.2/1986 DATED
13/10/2021 OF THE ADDITIONAL DISTRICT
JUDGE-I, KOLLAM.
Exhibit P5THE TRUE COPY OF THE COMMUNICATION
NO.MHSS/CM/01-21-22 DATED 01/07/2021
ELECTED THE PETITIONER AS THE MANAGER OF
THE SCHOOL.
Exhibit P6THE TRUE COPY OF THE APPLICATION
REF.NO.MHSS/CM/01-21-22 DATED 01/07/2021
AND OTHER DETAILS SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
DATED 01/07/2021.
Exhibit P7THE TRUE COPY OF THE ORDER DATED
09/11/2021 IN I.A.NO.6/2021 IN
I.A.NO.1/2021 IN O.S.NO.2/1986 OF THE
ADDITIONAL DISTRICT JUDGE-I, KOLLAM.
Exhibit P8THE TRUE COPY OF THE ORDER
NO.ET1/1467/2021/DGE DATED 18/11/2021
WP(C)NOs.27560/2021 & 8910/2022
14
ISSUED BY THE 2ND RESPONDENT CONFIRMING
EXT.P3 ORDER.
Exhibit P9THE TRUE COPY OF THE ORDER
NO.B5/4001/2020 DATED 27/11/2021 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P10THE TRUE COPY OF THE INTERIM ORDER DATED
07/12/2021 IN WP(C) NO.275602/2021 OF
THIS HON'BLE COURT.
Exhibit P11THE TRUE COPY OF THE ORDER
NO.B5/4001/2020 DATED 14/12/2021 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P12THE TRUE COPY OF THE ORDER
NO.B5/4001/2020 DATED 17/01/2022 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P13THE TRUE COPY OF THE JUDGMENT DATED
22/02/2022 IN CONTEMPT CASE (CIVIL)
NO.114/2022 OF THIS HON'BLE COURT.
Exhibit P14TRUE COPY OF THE MEMORANDUM OF APPEAL
DATED 16/03/2022 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT AND
ITS RECEIPT
3 issues framed by the court
Whether the writ petitions were maintainable when an appeal under Rule 4(3) of Kerala Education Rules was pending.
Whether the petitioner was abusing court process by filing fresh writs to use PTA funds instead of moving an interim application in the pending appeal.
Whether the writ petitions should be dismissed for abuse of the process of the Court.
1 provisions across 1 enactments
G. Sadasivan
State of Kerala
Director of General Education, Government of Kerala
Deputy Director of Education
District Educational Officer, Kollam
K.K. Sugadadas
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court