Kerala High Court
Dr.Ambedkar Memorial Sc & St ... vs State Of Kerala And Others on 24 July, 2020
Author: V.G.Arun
Bench: V.G.Arun
WPC.34595/10 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 24TH DAY OF JULY 2020 / 2ND SRAVANA, 1942
WP(C).No.34595 OF 2010(Y)
PETITIONER/S:
1 DR.AMBEDKAR MEMORIAL SC & ST DEVELOPMENT
AND SCHEDULED TRIBES DEVELOPMENT CHARITABLE TRUST,,
REG.NO.383/IV/04, REPRESENTED BY ITS SECRETARY,,
SUDEEP KUMAR, AGED 27 YEARS, S/O.APPUKUTTAN,,
KOTTAKKATTU HOUSE, OMANOOR P.O., OMANOOR,, M
2 K.RAJAN AGED 32 YEARS SO.NADI
OMANOOR P.O., VIA PERAVOOR, MALAPPURAM DISTRICT,,
PIN-673645.
BY ADVS.
SRI.T.C.GOVINDA SWAMY
SRI.G.SHYAM RAJ
RESPONDENT/S:
1 STATE OF KERALA AND OTHERS
CHIEF SECRETARY, GOVERNMENT OF KERALA,, TRIVANDRUM-
1.
2 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT-676505.
3 SECRETARY AREEKODU GRAMA PANCHAYAT
MALAPPURAM DISTRICT-673639. (THE ADDRESS OF R3 IS
CORRECTED AS 'SECRETARY, AREEKODU BLOCK
PANCHAYAT,MALAPPURAM DISTRICT-673639' AS PER ORDER
DATED 23/06/2014 IN IA 7603/2014)
R1 BY GOVERNMENT PLEADER
R1, R3 BY ADV. SRI.K.RAKESH
OTHER PRESENT:
GP DEEPA NARAYANAN;SC FOR R3 MOHD. NOUSHIQ P.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-
06-2020, THE COURT ON 24-07-2020 DELIVERED THE FOLLOWING:
V.G.ARUN, J.
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W.P(C).No. 34595 of 2010
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Dated this the 24th day of July, 2020
JUDGMENT
The petitioner is a charitable trust constituted, the objective of which is the overall development of the Scheduled Castes and Scheduled Tribes communities. During the year 1999-2000, the 3rd respondent Block Panchayat had sanctioned funds to the Cheekkod Grama Panchayat for starting a tailoring unit for the betterment of women belonging to the SC/ST communities. The unit was sanctioned to a Society by name, 'Grama Sree Pattikajathi Vanitha Kshema Society'. Even though the said Society started a tailoring unit with the sewing machines allotted by the Panchayat, functioning of that Society and the tailoring unit eventually came to a standstill. Thereupon the 3rd respondent Block Panchayat, as per its decision dated 20.6.2007, took back the sewing machines and entrusted it with its own ladies tailoring unit. The petitioner Trust had, in the meanwhile, made applications before the 3 rd respondent for getting possession of the sewing machines, WPC.34595/10 3 claiming that the machines would be utilised for the benefit of the members of the SC/ST communities. As per Exhibit P4 minutes of the 3rd respondent dated 20.8.2007, the petitioner's request was considered and rejected. Aggrieved, petitioner took up the matter with the 2nd respondent District Collector and by Exhibit P11, the District Collector directed the 3rd respondent to take necessary steps to hand over the tailoring unit to the petitioner. As per Exhibit P14, the 3 rd respondent reiterated its stand that the sewing machines had already been handed over to its own tailoring unit where 32 students are undergoing training, out of which 17 belong to the Scheduled Tribe. Not being satisfied, the petitioner raised a complaint before the SC/ST Commission and at the instance of the Commission, the District Collector again sought an explanation from the 3 rd respondent, the 3rd respondent gave Exhibit P18, reiterating its earlier stand. Based on the explanation, the SC/ST Commission thereupon issued Exhibit P20, stating that the tailoring unit would be entrusted with the petitioner as and when a decision to that effect is taken by the Committee of the 3 rd respondent. Hence the writ petition, seeking the following relief;
"Issue a writ of mandamus and appropriate writ orders commanding respondents 2 and 3 to consider the claim of the petitioner for transfer of 'Vanita Tailoring Unit' the petitioner Trust to pass appropriate orders thereon and directed further to grant all the consequential benefits thereof within a specified time limit."
2. Heard Smt.Kala T.Gopi, learned counsel for the petitioner, WPC.34595/10 4 Smt.Deepa Narayanan, learned Government Pleader and Sri.Mohammed Noushiq, learned Standing Counsel for the 3 rd respondent.
3. The learned counsel for the petitioner submitted that in view of the repeated directions by the District Collector, the 3 rd respondent was bound to entrust the tailoring unit with the petitioner. It is submitted that the original grant by the 3 rd respondent being exclusively for the benefit of members of the SC/ST communities, taking over of the unit and entrustment of the sewing machines with a tailoring unit which is not meant for the benefit of the members of the SC/ST communities alone, is illegal. The learned counsel submitted that, pending this writ petition, a complaint had been filed before the Honourable Ombudsman for Local Self Government Institutions and an order in favour of the petitioner has been issued finding fault with the 3rd respondent for disobeying the orders of the District Collector.
4. It is not in dispute that the petitioner has no legal claim over the tailoring unit in question or the sewing machines. The petitioner's claim is based on the premise that it is best suited to cater to the needs of the members of the SC/ST communities and as such, it could put the sewing machines to better use. A perusal of Exhibit P4 would show that persons/institutions other than the petitioner had came forward to take over the tailoring unit. After considering those requests, the Council of the 3 rd respondent decided to take over the WPC.34595/10 5 defunct unit by itself and to entrust the sewing machines with its own tailoring unit where more than 50% of the students are from the SC/ST communities. The 3rd respondent being a Local Self Government institution, the District Collector cannot sit in judgment over its decisions or require the Block Panchayat to hand over its assets to a third party, who had no legal right over the machines. The decision of the 3rd respondent as to how the sewing machines could be utilised in the best possible manner cannot be subjected to judicial review at the instance of the petitioner, who, obviously, do not have any superior or better claim.
In the above view of the matter, the writ petition is disposed of without interfering with the utilisation of the sewing machines by the 3rd respondent. It is made clear that if, the sewing machines are not being put to use by the 3rd respondent, then it will be open for the petitioner to make a request to entrust the machines with it, so as to utilise the sewing machines, in a manner which would be beneficial to the members of the SC/ST communities.
Sd/-
V.G.ARUN, JUDGE vgs WPC.34595/10 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REGISTERED TRUST DEED DATED 18.10.2004 IN RESPECT OF THE PETITIONER TRUST.
EXHIBIT P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF SCHEDULED CASTE VANITHA KSHEMA SOCIETY.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 13.07.2007 OF THE PETITIONER SOCIETY ADDRESSED TO 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE RESOLUTION NO.IV(7), DATED 20.8.2007 OF THE 3RD RESPONDENT BLOCK PANCHYATH EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 19.10.2007 OF THE PETITIONER ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE LETTER NO.E 1670/07 DATED 26.10.2007 OF THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REMINDER LETTER NO.
2007/50065/10 DATED 17.12.2007 OF THE 2ND RESPONDENT ADDRESSED TO 3RD RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE LETTER NO. E.1670/07 DATED 11.12.2007 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE LETTER NO. 50065/07/L7 DATED 6.5.2008 OF THE 2ND RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE LETTER NO. E/1670/07 DATED 10.06.2008 OF THE 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE ORDER NO.50065/07/L7 DATED 22.07.2008 OF THE 2ND RESPONDENT DISTRICT COLLECTOR.
EXHIBIT P12 TRUE COPY OF THE LETTER INFORMING THE POSITION TO THE 2ND RESPONDENT BY THE PETITIONER, DATED 5.8.2008.
EXHIBIT P13 TRUE COPY OF THE 3RD RESPONDENT LETTER DATED 5.8.2008.
WPC.34595/10 7EXHIBIT P14 TRUE COPY OF THE LETTER NO. 1670/2007 DATED 22.8.2008(30.08.2008) OF THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF COMPLAINT DATED 1.9.2008 BEFORE THE COMMISSIONER FOR THE SCHEDULED CASTES.
EXHIBIT P16 TRUE COPY OF THE REPLY ON EXT.P15 4.10.2008 OF THE COMMISSIONER FOR SC AND ST.
EXHIBIT P17 A TRUE COPY OF THE LETTER NO. L-7- 49510/2008-21 DATED 18.10.2008 OF THE 2ND RESPONDENT.
EXHIBIT P18 A TRUE COPY OF THE LETTER DATED 30.08.2008 (ISSUED BY THE BLOCK PANCHAYAT) EXHIBIT P19 A TRUE COPY OF THE LETTER NO. 7-49510/08- (21) DATED 29.10.2008 OF THE 2ND RESPONDENT.
EXHIBIT P20 A TRUE COPY OF THE ORDER DATED 9.2.2009 OF THE COMMISSIONER OF SC AND ST.