Das K.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 5210 of 2015 (B) --------------------------- PETITIONER(S):
-------------------------- DAS K.K AGED 52 YEARS S/O.ACHUTHAN EZHUTHASSAN (LATE), AGED 52 YEARS KALATHUPADIKKAL HOUSE, PARUDUR POST, VIA PATTAMBI PALAKKAD DISTRICT.
BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM-695 001.
2. PRESIDENT STATE GENERAL COUNCIL KERALA PRADESH SCHOOL TEACHER'S UNION KPSTU ADYAPAKA BHAVAN, T.C.NO.25/2600, CHINMAYA LANE KUNNUMPURAM, THIRUVANANTHAPURAM-695 001.
3. SECRETARY KERALA PRADESH SCHOOL TEACHER'S UNION OTTAPALAM EDUCATION DISTRICT COMMITTEE A.U.P.S. MALAMAKKAVU, MALAMAKKAVU P.O.-679 553 OTTAPALAM, PALAKKAD DISTRICT.
4. SECRETARY KERALA PRADESH SCHOOL TEACHER'S UNION SUB DISTRICT COMMITTEE, PATTAMBI, MELEPATTAMBI-679 306 PALAKKAD DISTRICT.
R2 & R4 BY ADV. SRI.T.U.ZIYAD R2 & R4 BY ADV. SMT.RAMEENA.P.K.
R1 BY SRI K.C. VINCENT, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5210 of 2015 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1COPY OF BYE-LAW OF KERALA PRADESH SCHOOL TEACHERS UNION WHICH IS IN FORCE AS ON DATE.
EXT.P2COPY OF THE DETAILS OF ELECTED OFFICE BEARERS ALLEGEDLY ELECTED ON AN ELECTION CONDUCTED ON 10.1.2015 TO THE SUB DISTRICT COMMITTEE.
EXT.P3COPY OF NOTICE DATED 18.1.2015.
EXT.P4COPY OF COMPLAINT DATED 19.1.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P5COPY OF LETTER DATED NIL ISSUED TO THE PETITIONER. RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV
P.R. RAMACHANDRA MENON, J.
-------------------------------------------------- W.P.(C).No.5210 of 2015 --------------------------------------- Dated this the 5th day of March, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"(i) Call for the records leading to Exhibits P2 and P3 and quash Exhibits P2 and P3 by the issue of a writ of certiorari or other appropriate writ, order or direction; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and take appropriate decision on Ext.P4 complaint within such short time as this Hon'ble Court may deem fit to grant;
(iii) issue such other orders as are deemed fit and proper in the circumstances of the case."
2. Pursuant to urgent notice on admission the party respondents have entered appearance. The learned counsel for the respondents submits that they are purely associations/unions of their own who do not come within the purview of the writ jurisdiction of this Court being private entities and further that, no public duty is involved so as to be remedied by invoking the power under Article 226.
After hearing both the sides, this Court finds considerable
W.P.C.No.5210 OF 2014 force in the said submission. This Court holds that the writ petition is not maintainable and it is dismissed accordingly; however without prejudice to the rights and liberties of the petitioner to pursue other appropriate remedy. SD/- P.R. RAMACHANDRA MENON, JUDGE jv