Kerala High Court
K.P Kunhammed Haji vs State Of Kerala on 15 December, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY,THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
WP(C).No. 30432 of 2014 (D)
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PETITIONER :
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K.P KUNHAMMED HAJI
S/O.CHEKKUTTY HAJI, AGED 79 YEARS
KORATH PULIKKATHODIYIL, KUTTIPPURAM, TIRUR TALUK
MALAPPURAM DISTRICT. (SECRETARY, MANAGING COMMITTEE
M.E.S.COLLEGE OF ENGINEERING CAMPUS
SENIOR SECONDARY SCHOOL, KUTTIPPURAM, TIRUR).
BY SENIOR ADVOCATE SRI.T.KRISHNAN UNNI
BY ADVS.SRI.SAJU S.A.
SRI.VINOD RAVINDRANATH
SRI.M.DEVESH
RESPONDENT(S) :
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1. STATE OF KERALA
REPRESENTED BY SECRETARY
GENERAL EDUCATION DEPARTMENT
THIRUVANANTHAPURAM - 695 001.
2. DISTRICT COLLECTOR
MALAPPURAM - 676 505.
3. DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM - 676 505.
4. DISTRICT EDUCATIONAL OFFICER
TIRUR - 676 101.
5. DEPUTY TAHSILDAR (REVENUE RECOVERY)
TALUK OFFICE, PONANI, MALAPPURAM DISTRICT
PIN - 679 577.
R1 TO R5 BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 30432 of 2014 (D)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1: TRUE COPY OF THE COMMUNICATION FROM DEPUTY DIRECTOR OF
EDUCATION, MALAPPURAM DATED 15/12/2007.
EXHIBIT P2: TRUE COPY OF EXPLANATION DATED 07/01/2008 SUBMITTED BY
THE PETITIONER.
EXHIBIT P3: TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER BY
THE 5TH RESPONDENT DATED 10.12.2013.
EXHIBIT P4: TRUE COPY OF OBJECTION DATED 13/12/2013 SUBMITTED BY
PETITIONER TO EXHIBIT P3.
EXHIBIT P5: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C).
NO. 31962/13 DATED 16/01/2014.
EXHIBIT P6: TRUE COPY OF ORDER DATED 17/02/2014 PASSED BY THE 3RD
RESPONDENT IN PROCEEDINGS NO. D6/39089/07.
EXHIBIT P7: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER
BEFORE 1ST RESPONDENT DATED 06/11/2014
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.S. TO JUDGE
Mn
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.30432 OF 2014
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Dated this the 21st November, 2014
J U D G M E N T
The petitioner is the Secretary of the Managing Committee of an Educational Agency, under whom some educational institutions are being run. During 1994- 95, the Central Government launched a programme-"Area Intensive Programme' by which financial assistance was provided to minority communities in identified areas for establishing educational institutions. It was accordingly that the petitioner also submitted an application and after considering the credentials , the concerned respondent released a sum of Rs. 1.8 lakhs as first installment in the year 1994 for establishing an L.P. School at Thrikkanapuram in Kuttippuram. Later, the second installment of an equal amount was granted in the year 1997, thus taking the total of Rs. 3.6 lakhs as Central Government Grant. Utilising the said amount, construction was effected and an LP. School was started. The case of the petitioner is that subsequently, the petitioner had to continue the School as a CBSE School and while so, at the instance of third respondent/Deputy Director of Education , the petitioner was W.P.(C)No.30432 OF 2014 2 served with Ext. P1 communication dated 15.12.2007, asking for an explanation and to re-pay the amount already obtained as grant. The petitioner submitted Ext.P2 explanation. But since the petitioner was confronted with the revenue recovery proceedings, as per Ext.P3 notice, the petitioner approached this Court by filing W.P.(C)No.31962 of 2013, which was disposed of as per Ext.P5 judgment, directing the third respondent/Deputy Director of Education to consider the representation/objection and pass appropriate orders. It was accordingly that the matter was considered by the third respondent/Dy.Director of Education, who passed Ext.P6 order dated 17.02.2014 rejecting the claim of the petitioner and instructing him to satisfy the due amount. The petitioner has approached the first respondent/State with further grievance by way of Ext.P7 and the prayer is to cause the same to be considered and disposed of .
2. Heard the learned Government Pleader as well, who submits that there is absolutely no merit or bonafides in the writ petition and that the funds made available to the petitioner have been misutilized, since the petitioner admittedly is running W.P.(C)No.30432 OF 2014 3 CBSE School, whereas the purpose was to establish and to maintain an LP. School intended for the beneficiaries of the such school in the locality. In any view of the matter, since the petitioner has already approached the first respondent by moving Ext. P7 representation, this Court finds it fit and proper to direct the first respondent/Secretary, General Education to consider and pass appropriate orders thereon. This shall be, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the judgment. Coercive proceedings shall be kept in abeyance till such time on condition that the petitioner deposits 50% of the due amount as on date within two weeks. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent/Secretary, General Education Department for further steps.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk