Dismissed

Parassinikadavu High School Society , v. State of Kerala

Kerala HC6 Jan 2023WP(C)/327/2023

Case brief

AI extract

What is this about?

Challenging a notice requiring production of documents, the petitioner claimed pending civil litigation on title. The court declined interim interference, directing the 1st respondent to finalize the pending appeal within two months under Chapter III of the Kerala Education Rules.

What did the court decide?

No interim interference; direction to the 1st respondent to finalize the appeal within two months and pass orders in terms of Chapter III of the Kerala Education Rules.

Parassinikadavu High School Society , Vs State of… — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 6^TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

¶2

WP(C) NO. 327 OF 2023

¶3

PETITIONER/S:

¶4

1PARASSINIKADAVU HIGH SCHOOL SOCIETY,
AGED 63 YEARS
REG.NO.5/1947, PARASSINIKADAVU PO,
KANNUR -670 563
REPRESENTED BY ITS PRESIDENT SUVARNAKUMAR.P.P,,
S/O.LATE C KRISHNAN, AGED 63,
RESIDING AT 'KRISHNA', THRICHAMBARAM,
TALIPARAMBA PO, KANNUR DISTRICT
PIN - 670641
2THE MANAGER
AGED 63 YEARS
PARASSINIKADAVU HIGHER SECONDARY SCHOOL
AND HIGH SCHOOL, PARASSINIKADAVU,
KANNUR, PIN - 670563
BY ADVS.
K.MOHANAKANNAN
DINESH KUMAR K.

¶5

RESPONDENT/S:

¶6

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-, PIN - 695001

¶7

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

¶8

3 THE DEPUTY DIRECTOR OF EDUCATION KANNUR PUZHATHI HOUSING COLONY, KANNUR, PIN - 670002

¶9

4 THE DISTRICT EDUCATIONAL OFFICER REVENUE TOWER, COURT ROAD, TALIPARAMBA, KANNUR- PIN - 670141

¶10

5 VILLAGE OFFICER ANTHOOR, ANTHOOR VILLAGE OFFICE,

¶11

WP(C) NO. 327 OF 2023

¶12

¶13

KANNUR DISTRICT - PIN - 670563

¶14

6 P.M.JANARDANAN, PARASSINIMADAPURA, PARASSINIKADAVU, KANNUR DISTRICT, PIN - 670563

¶15

7 LALITHA.E, PARASSINI MADAPPURA, PARASSINIKADAVU PO KANNUR-PIN - 670563

¶16

8 LISHA P.M PARASSINI MADAPPURA, PARASSINIKADAVU PO, KANNUR- PIN - 670563

¶17

9 ANEESH.P.M., PARASSINI MADAPPURA PARASSINIKADAVU PO, KANNUR, PIN - 670563 SMT NISHA BOSE SR GP

¶18

`THIS`	`WR`	`IT` `PETITION`	`(CIVIL`	`)` `HAV`	`ING`	`COME`	`UP`	`FOR`
`ADMISSION`	`ON`	`06.01.2023,`	`THE`	`COURT`	`ON`	`THE`	`SAME`	`DAY`
`DELIVERED`	`THE`	`FOLLOWING:`

¶19

WP(C) NO. 327 OF 2023

¶20

¶21

JUDGMENT

¶22

The 1st petitioner, the Parassinikkadavu High School Society, is a Society registered under Societies Registration Act. The Society runs the Parassinikadavu Higher Secondary School and High School, Parassinikkadavu. The 2nd petitioner is the Manager of the said school. This writ petition is filed challenging Exhibit P15 notice issued by the Village Officer, Anthoor, whereby directions have been issued to the petitioner herein to produce the documents, title deeds, etc., relating to the Parassinikadavu Higher Secondary School.

¶23

The petitioners assert that the 2nd petitioner is the approved Manager of the School, and he was appointed for a period of five years from 2019. While so, the party respondents submitted a request for a change of Manager. It appears that the parties approached this Court, and pursuant to the directions issued by this Court in Exhibit P6 judgment, the matter was considered by the DGE, and by Exhibit P8 order, the request was rejected, holding that the School was managed by an approved Manager. Being aggrieved, respondents 6 to 9 is stated to have preferred Exhibit P9 appeal before the 1st respondent.

¶24

The petitioners assert that all the parties were heard on 29.08.2022, as is evident from Exhibit P11; however, no orders have been passed. While so, the petitioner has been served with Exhibit 15

¶25

WP(C) NO. 327 OF 2023

¶26

¶27

notice by the Village Officer calling upon them to produce certain documents.

¶28

Sri. Mohanakannan, the learned counsel, contends that all relevant documents were made available before the 1st respondent, and in so far as the disputes with regard to the title are concerned, the same cannot be decided by the Government or by the Education Department and reference is made to Chapter III of the Kerala Education Rules. It is urged that the Village Officer cannot embark upon a roving enquiry into the title disputes, which issue is pending before the jurisdictional civil court. According to the learned counsel, Ext.P15 notice cannot be sustained under law.

¶29

The learned government pleader submits that it is in terms of the directions issued by the 1st respondent that the village officer had issued Ext.P15 notice. It is for the petitioner to respond to the notice by raising tenable legal contentions. It is further submitted that if the 1st respondent wants further information, fresh notice shall be issued, and orders shall be passed only after hearing both sides. No interference is warranted at this stage at the instance of this Court, contends the learned government pleader.

¶30

I have considered the submissions advanced. It appears that challenging the orders passed by the 2nd respondent, respondents 6

¶31

WP(C) NO. 327 OF 2023

¶32

¶33

to 9 have preferred an appeal, which is pending before the 1st respondent. Records reveal that the matter was heard on 29.08.2022, however, no orders have been passed. From Exhibit P15 notice, it appears that the Village Officer has acted in terms of the directions issued by the 1st respondent. In that view of the matter, no interference is warranted at the hands of this Court at this stage. If the petitioner has any legally tenable contentions, they can respond to Ext.P15 by raising the same. It cannot be disputed that in an exercise carried out under Chapter III of the KER, the educational authorities cannot decide disputes involving questions of law. If the 1st respondent feels that further inputs are required from either of the sides or the matter requires rehearing, nothing prevents the 1st respondent from issuing fresh notice to the parties. As the challenge mounted by the party respondents before the 2nd respondent, which resulted in Ext.P8 order, is under challenge in Ext.P9 appeal, the 1st respondent shall limit the consideration to those facts which have relevance under Chapter III of the Kerala Education Rules.

¶34

Resultantly, while declining interference, there will be a direction to the 1st respondent to finalize the appeal and pass orders within two

¶35

months from the date of receipt of a copy of this judgment strictly in terms of the provisions of Chapter III of the KER. It would be open to

¶36

WP(C) NO. 327 OF 2023

¶37

¶38

the 1st respondent to rehear the matter if further clarifications are required.

¶39

This writ petition is disposed of.

¶40

Sd/-

¶41

RAJA VIJAYARAGHAVAN V

¶42

JUDGE

¶43

avs

¶44

WP(C) NO. 327 OF 2023

¶45

¶46

APPENDIX OF WP(C) 327/2023

¶47

PETITIONER EXHIBITS

¶48

`Exhibit P1`	`TRUE COPY OF THE REGISTERED BYE-LAW OF THE SOCIETY` `DATED 1-1-1947`
`Exhibit P2`	`TRUE COPY OF THE CONSTITUTION OF THE SOCIETY`
`Exhibit P3`	`RUE COPY OF THE BYE-LAW OF THE SCHOOL`
`Exhibit P4`	`TRUE COPY OF THE PROCEEDINGS NO.B3-2536/19 OF THE` `4TH RESPONDENT DATED 5-9-2019`
`Exhibit P5`	`TRUE COPY OF THE REPRESENTATION SUBMITTED BY` `RESPONDENTS 6 TO 9 BEFORE THE 4TH RESPONDENT ON` `21-1-2021`
`Exhibit P6`	`TRUE COPY OF THE JUDGMENT IN WRIT PETITION` `NO.7932/2021 DATED 9-7-2021`
`Exhibit P7`	`TRUE COPY OF THE ARGUMENT NOTE DATED 30-09-2021` `SUBMITTED BY THE PETITIONERS`
`Exhibit P8`	`TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT` `NO.EM4/8625/2021/DGE DATED 21-2-2022`
`Exhibit P9`	`TRUE COPY OF THE APPEAL FILED BY RESPONDENTS 6 TO 9` `BEFORE THE 1ST RESPONDENT DATED 16-3-2022`
`Exhibit P10`	`TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 1ST` `RESPONDENT TO THE PARTIES 16-8-2022`
`Exhibit P11`	`TRUE COPY OF THE ARGUMENT NOTE DATED 29-8-2022` `SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST` `RESPONDENT`
`Exhibit P12`	`TRUE COPY OF THE PLAINT IN OS 259/2018 OF MUNSIFF` `COURT, TALIPARAMBA DATED 10-7-2018`
`Exhibit1 P13`	`TRUE COPY OF THE INTERIM ORDER IN IA 1921/2018 IN` `OS 259/2018 DATED 17-7-2018`
`Exhibit14`	`TRUE COPY OF THE PLAINT IN OS 89/2022 OF MUNSIFF` `COURT, TALIPARAMBA DATED 2-2-2022`

¶49

WP(C) NO. 327 OF 2023

¶50

¶51

Exhibit P15TRUE COPY OF THE NOTICE DATED 22-12-2022 ISSUED BY
THE VILLAGE OFFICER TO THE 2ND PETITIONER

Parassinikadavu High School Society , v. State of Kerala

Case brief

What is this about?

What did the court decide?

Parassinikadavu High School Society , v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sasikumar M., S/o.Madhavan Pillai Vs Krishna Kumar

Biju E. Vs the State of Kerala

Ajitha Jemema Gabriel Vs State of Kerala

Abdul Naseer K.P Vs State of Kerala

V.K.Jayasree Vs P.v.Mohanan

Anitha a Vs Sri. Ashok Kumar