K.B.Muhammed Shafi v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24599 of 2015 (Y) ---------------------------- PETITIONERS :
------------ 1.
K.B.MUHAMMED SHAFI, S/O.LATE BAVA, AGED 78 YEARS, KANJIRAMUKALEL HOUSE, PAIMATTOM, MANIKINAR.P.O., ERNAKULAM DISTRICT -686 693.
2.
T.P.ASSAINAR, S/O.LATE PAREETH, AGED 66 YEARS, THURUTHEL HOUSE, PAIMATTOM, PAREEKKANNY.P.O., ERNAKULAM DISTRICT-686693.
BY ADV. SRI.ANTONY MUKKATH RESPONDENTS :
------------- 1.
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2.
DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT - 682 030.
3.
ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT.
4.
K.M.ABDUL RAHIM, S/O.SRI.K.P.MOHAMMED HAJI, KUNNEKKUDIYIL HOUSE, PAIMATTOM, MANIKINAR.P.O., ERNAKULAM DISTRICT - 686693.
BY GOVERNMENT PLEADER SMT.LOWRY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24599 of 2015 (Y) APPENDIX PETITIONERS' EXHIBITS :- EXT.P1 :
COPY OF THE AGREEMENT NO.35 OF 1960 DTD.9.6.1960.
EXT.P2 :
COPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 26.11.1995.
EXT.P3 :
COPY OF THE BYLAWS DTD.20.1.96.
EXT.P4 :
COPY OF THE BYLAW DTD.8.11.03 ALONG WITH THE MINUTES OF THE MEETING HELD ON 8.11.03.
EXT.P5 :
COPY OF THE LETTER NO.6/03 DTD.12.11.03 OF THE MANAGER, LPS VALACHIRA.
EXT.P6 :
COPY OF THE ORDER NO.F5-62611/04/DPI DTD.3.9.04 OF THE ADDL. DPI(C) M TRIVANDRUM.
EXT.P7 :
COPY OF THE MINUTES OF THE ALLEGED EXECUTIVE COMMITTEE MEETING HELD ON 30.5.14.
EXT.P8 :
COPY OF THE COMPLAINT DTD.12.1.15.
EXT.P9 :
COPY OF THE ORDER NO.G.828/15/K.Dis DTD.16.3.15 OF THE 3RD RESPONDENT.
EXT.P10 :
COPY OF THE APPEAL PETITION DTD.27.3.15 BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS :- NIL.
True copy P.A to Judge
ANIL K.NARENDRAN, J.
---------------------------------- W.P.(C)No.24599 of 2015 ------------------------------------------- Dated this the 13th day of August, 2015
JUDGMENT
The petitioners, who are the members of the Valachira Educational Association, Manikinar.P.O., Kothamangalam Taluk, Ernakulam, which is running an Educational Institution, namely, Valachira Lower Primary School, have filed this Writ Petition seeking the following reliefs:- i.
to call for the records leading to Ext.P-9 and to set aside the same by the issuance of a writ of certiorari or other appropriate writ, direction or order;
ii.
to issue a writ of mandamus or other appropriate writ, direction or order, interdicting the 4th respondent from functioning as the Manager of the Valachira Lower Primary School, Manikinar PO;
iii.
to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 to 3 not to approve the appointments if any, made by the 4th respondent pursuant to Ext.P-9 Order dated 16-03-2015;
iv.
to issue a writ of mandamus or other appropriate writ, direction or order directing the 2nd respondent to consider and pass orders on Ext.P-10 appeal petition within a time-frame that may be fixed by this Hon'ble Court;
v.
to issue other appropriate writ, direction or order which this Hon'ble Court deem fit, just and proper in the circumstances of the case;
vi.
to allow the above Writ Petition with costs to the petitioner.
2.
The bylaw No.6 of Ext.P4 Bylaws provides that the administration of the School shall vest with the Administrative Committee elected by the General Body of the Valachira Educational Association. The Executive Committee of the Valachira Educational Association is elected by the General Body. From the Executive Committee of the Valachira Educational Association, the President, Secretary and Treasurer are elected and they will be the Administrative Committee of the School. Bylaw No.8 of Ext.P4 Bylaws provides that, the President of the Valachira Educational Association will be the Manager of the School. Therefore, according to the petitioners, the President of the Valachira Educational Association alone can function as the Manager of the School. th respondent is 3.
The petitioners would contend that, the 4 claiming Managership of the School based on the decision of the Executive Committee meeting of the Association claimed to have been convened on 30.5.2014 under the Presidentship of
st petitioner is the Member of the Sri.K.P.Muhammed Haji. The 1 Executive Committee. According to the petitioners, no notice was st petitioner regarding the Meeting alleged to have issued to the 1 been convened on 30.5.2014 and that no such Executive Committee meeting of the Association was convened on 30.5.2014. Therefore, Ext.P7 alleged Minutes of the meeting held on 30.5.2014 is a concocted document.
rd 4.
The petitioners raised their objections before the 3 rd respondent without considering any of these respondent. But, the 3 th respondent as Manager temporarily for a objections approved the 4 period of six months as per Ext.P9. Now Ext.P10 appeal filed by the nd petitioners and others against Ext.P9 is pending before the 2 respondent.
5.
I heard the arguments of the learned counsel for the petitioners and also the learned Government Pleader appearing for respondents 1 to 3.
6.
If Ext.P10 appeal is received and pending consideration of nd respondent, the said respondent shall consider and pass the 2 appropriate orders thereon strictly in accordance with law, after th respondent an opportunity affording the petitioners as well as the 4
of being heard, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this judgment.
It is made clear that this Court has not expressed anything on the merits of the contentions raised by the petitioners in Ext.P10 nd respondent to pass appropriate orders appeal and it is for the 2 thereon, strictly in accordance with law.
ANIL K.NARENDRAN, JUDGE skj