High Court of KeralaWP(C)/24323/2015dismissed

Shaji Payyanikkal v. State Of Kerala

2015-08-11Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24323 of 2015 (S) ---------------------------- PETITIONER(S) :- ------------------- SHAJI PAYYANIKKAL, AGED 44 YEARS S/O. KUNJAN, AMRITA BHAVAN, URULANTHANNY POST KUTTAMPUZHA, KOTHAMANGALAN ERNAKULAM DISTRICT - 686 681.

BY ADVS.SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.A.S.SREEKANTH RESPONDENT(S) :- ------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPRUAM - 695 001.

2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPRUAM - 695 033.

3. DEPUTY DIRECTORS OF COLLEGIATE EDUCATION OFFICE OF DEPUTY DIRECTOR OF COLLEGIATE EDUCATION MARKET FED BUILDING, GANDHINAGAR, KADAVANTHARA ERNAKULAM DISTRICT - 682 020.

4. THE DISTRICT COLELCTOR CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT - 682 030.

5. THE SECRETARY SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

BY SPL.GOVERNMENT PLEADER SMT.P.K.SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24323 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1 : TRUE COPY OF THE REPORT DATED 23-1-2015 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P2 : TRUE COPY OF THE FORWARDING LETTER DATED 31-3-2015 OF THE 3RD RESPONDENT SENDING EXHIBIT P1 COPY TO THE PETITIONER WITH ENGLISH TRANSLATION.

EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 6-6-2015 FROM THE 4TH RESPONDENT TO THE PETITIONER WITH ENGLISH TRANSLATION. EXHIBIT P4 : TRUE COPY OF THE LETTER DATED 3-6-2015 OF THE 1ST RESPONDENT TO THE PETITIONER WITH ENGLISH TRANSLATION. EXHIBIT P5 : TRUE COPY OF THE LETTER DATED 23-2-2015 OF THE PANCHAYAT PRESIDENT, KUTTAMPUZHA TO THE HON'BLE MINISTER FOR EDUCATION WITH ENGLISH TRANSLATION.

EXHIBIT P6 : TRUE COPY OF THE RESOLUTION DATED 20-08-2014 OF THE KUTTAMPUZHA GRAMA PANCHAYAT WITH ENGLISH TRANSLATION. EXHIBIT P7 : TRUE COPY OF THE FORWARDING LETTER DATED 18-09-2014 OF THE PRESIDENT OF THE KUTTAMPUZHA GRAMA PANCHAYAT SENT TO THE HON'BLE MINISTER FOR EDUCATION WITH ENGLISH TRANSLATION. EXHIBIT P8 : TRUE COPY OF THE LETTER DATED 23-02-2014 OF SRI T.U KURUVILA MLA, KOTHAMANGALAM TO THE HON'BLE MINISTER FOR EDUCATION WITH ENGLISH TRANSLATION.

EXHIBIT P9 : TRUE COPY OF THE LETTER DATED 13-1-2015 OF THE PANTHAPRA TRIBAL SETTLEMENT COLONY THROUGH 2 PERSONS TO THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P10 : TRUE COPY OF THE LETTER DATED 13-1-2015 SUBMITTED TO THE LOCAL MLA SRI KURUVILA BY THE PANTHAPRA TRIBAL SETTLEMENT COLONY THROUGH 2 PERSONS WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- ------------------------------------- Dated this the 11th day of August 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard.

This writ petition has been filed in the form of public interest litigation praying for quashing Ext.P4 order of the Government dated 3.6.2015, by which, the petitioner was informed that his request to establish and start a Government Arts and Science College at Kuttampuzha cannot be accepted. 3.

Learned counsel for the petitioner submits that preliminary enquiry report, Ext.P1, was submitted, wherein, recommendation has been made by the Deputy Director of Collegiate Education stating that starting a college will be of great help to the people of Kuttampuzha Grama Panchayat, particularly that of Scheduled Caste/Scheduled Tribes and other socially backward class peoples. The submission of the learned counsel for the petitioner is that, there is no reference

-: 2 :- in Ext.P1 regarding the decision taken by the Government as communicated by letter dated 3.6.2015.

The English translation of letter dated 3.6.2015, Ext.P4, reads as follows :- "In Kothamangalam constituency, within 20-40kms MA College, Kothamangalam, St.Peters College, Kolencherry, Nirmala College, Muvattupuzha, Aided Colleges are available and because of financial difficulty of the Government it is not possible to start a college and your request is hereby rejected."

The financial difficulty cited by the Government has turned down the request made by the petitioner to start a college. Ext.P4 was issued in response to the letter dated 6.4.2015 sent by the petitioner. The mere fact that there is no reference in Ext.P1 regarding the letter dated 3.6.2015 in no manner vitiates the decision taken by the State Government. When the State Government has come up with the reason 'financial difficulty', it is not proper for this Court to issue any mandamus to start a college. We only observe that the fact that communication dated 3.6.2015 issued to the petitioner refusing to accept his request shall not preclude the Government from

-: 3 :- considering the essentiality of a college as and when appropriate recommendations are considered.

With the above observation, this writ petition is dismissed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt