Kerala High Court
T.T.Joseph vs District Collector on 4 June, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941
WP(C).No. 1871 of 2010
PETITIONER/S:
T.T.JOSEPH, S/O T.K.THARU,
THAIKKATTIL HOUSE, 2/117A "SUKRUTHAM",
KAIPARAMBU POST, THRISSUR DISTRICT - 680 546.
BY ADV. SRI.P.BHASKARAN
RESPONDENT/S:
1 DISTRICT COLLECTOR
KENDRIYA VIDYALAYA MANAGEMENT COMMITTEE,,
COLLECTORATE, THRISSUR.
2 THE PRINCIPAL
KENDRIYA VIDYALAYA, PURANATTUKARA, THRISSUR.
3 THE REGIONAL TRANSPORT OFFICER
THRISSUR.
4 DISTRICT REGISTRAR (GENERAL)
THRISSUR.
5 MR.C.G.HARIDAS CHAIRMAN PTA (REGD),
KENDRIYA VIDYALAYA, PURANATTUKARA, THRISSUR.
6 JYOTHICHANDRAN P.C., PALLIYIL HOUSE
ANTHIKKAD POST, THRISSUR DISTRICT.
7 A.R.JIJA, W/O.C.A.VALSARAJ
CHETTIYAMPARAMBIL HOUSE,
SOUDHRUDHA STREET, KOLAZHI, THRISSUR.
8 JISHA SHIGOV, W/O.SHIGOV JOS,
KANNAMPUZHA HOUSE, PULLANIKKAD,
WADAKKANCHERY, THRISSUR DT.
9 VARGHESE E.A., ELAVATHINGAL HOUSE
P.O.PAVARATTY, THRISSUR DISTRICT.
WP(C).No. 1871 of 2010
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10 SASIKALA, W/O.C.GOPALAKRISHNAN
THIRUVAMBADY POST, THRISSUR DISTRICT.
11 DR.ASHA.G., W/O.DR.SANJEEVU NAIR.V.A.
OMEGA APARTMENTS, THEKKEMADOM ROAD,
THRISSUR - 680 001.
R1,R3,R4 BY SR.GP SRI. B VINOD,
R2 SRI.K.I.MAYANKUTTY MATHER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1871 of 2010
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JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs :
a) To issue a writ of certiorari or any other appropriate writ, order or direction calling the records leading to Ext.P7 and quash the same.
b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent Principal or the Kendriya Vidyalaya Management committee or any authority that this Hon'ble Court may deem fit, to undertake the task and responsibility of conducting the bus services for which Educational Institution Bus permits have been granted.
c) Granting such other relief or reliefs as are prayed for by the petitioner in the course of this Original Petition or which are deemed fit by this Hon'ble Court.
2. The challenge made is against Ext.P7 proceedings issued by the first respondent, i.e. the District Collector who is the Chairman of the Kendriya Vidyalaya, Puranattukara. Two parent teachers Associations were simultaneously functioning in the Kendriya Vidyalaya. According to the petitioner one is a legally constituted body and the other is an illegal association. By virtue of Ext.P3 judgment of this court in WP(C).No. 1871 of 2010 4 W.P.C.No.18189 of 2008 filed by the petitioner herein, the illegal PTA has ceased to exist. However, suppressing the facts, some members of the PTA which was functioning illegally filed W.P.C.No.223 of 2010 before this court, in which an interim order was passed directing the District Collector to make an amicable settlement in the matter of bus service. After convening a meeting of some members of the illegal PTA, first respondent issued Ext.P7 order. According to the petitioner neither the Principal nor a single member of the management committee was invited to the meeting, thus seeks to quash Ext.P7.
3. I have perused the pleadings and documents on record and heard learned Government Pleader appearing for the first respondent, and I am of the considered opinion that the subject issued relates to the year 2010 and at this distance of time, it cannot be said that the same situation continues in the school in question. Therefore, it cannot be visualized that anything survives to WP(C).No. 1871 of 2010 5 be considered on merits of the matter in this writ petition.
This writ petition is dismissed holding that the relief sought for by the petitioner has become infructous, and if at all any grievances are remaining, petitioner is at liberty to seek for redressal of grievances by approaching the appropriately constituted authority.
Sd/-
SHAJI P.CHALY JUDGE SMA WP(C).No. 1871 of 2010 6 APPENDIX PETITIONER(S)' EXHIBITS :-
EXHIBIT P1 : TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.07.2003 WHICH HAS BROUGHT OUT AMENDMENT TO APPENDIX 34 OF THE EDUCATION CODE.
EXHIBIT P2 : TRUE COPY OF THE COUNTER AFFIDAVIT DATED 10.07.2008 IN W.P.(C) 18189 OF 2008.
EXHIBIT P3 : TRUE COPY JUDGMENT IN W.P.(C) 18189/08 OF THE HONOURABLE HIGH COURT DATED 17.08.2009. EXHIBIT P4 : TRUE COPY OF THE MEMO DATED 26.03.2009 ISSUED BY THE 3RD RESPONDENT TO THE CHAIRMAN, PTA (REGD).
EXHIBIT P5 : TRUE COPY OF THE LETTER EVIDENCING CONTEMPLATION OF THE ACTION AGAINST THE PTA (REGD) DATED 17.11.2009.
EXHIBIT P6 : TRUE COPY OF THE INTERIM ORDERS PASSED BY THIS HONOURABLE COURT DATED 08.01.2010. EXHIBIT P7 : TRUE COPY OF THE PROCEEDINGS DATED 12.01.2010 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS :- NIL SMA