IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 35143 of 2004(H) -------------------------- PETITIONER(S): --------------- 1. UNION PUBLIC LIBRARY & READING ROOM CHERP. REPRESENTED BY ITS SECRETARY, GEETHA RAVEENDRAN, UNION PUBLIC LIBRARY & READING ROOM REG.NO.1711, P.O.CHERP, THRISSUR DISTRICT. 2. RAVI T.S., PRESIDENT, UNION PUBLIC LIBRARY & READING ROOM CHERP REG.NO.1711, P.O.CHERP, THRISSUR DISTRICT. 3. GEETHA RAVEENDRAN, SECRETARY, UNION PUBLIC LIBRARY & READING ROOM CHERP, REG.NO.1711, P.O.CHERP, THRISSUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. KERALA STATE LIBRARY COUNCIL REPRESENTED BY SECRETARY, KERALA STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM-33. 2. DISTRICT LIBRARY COUNCIL VELIYANOOR, THRISSUR, REPRESENTED BY SECRETARY DISTRICT LIBRARY COUNCIL VELIYANNOOR, THRISSUR. 3. TALUK LIBRARY COUNCIL, THRISSUR TALUK, REPRESENTED BY SECRETARY TALUK LIBRARY COUNCIL, THRISSUR TALUK. ADV. SRI.P.V.SURENDRANATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35143/04 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE PAGES OF BYE LAW. EXT.P2 COPY OF THE LETTER DT 1.7.02. EXT.P3 COPY OF THE RESOLUTION DT 10.8.02. EXT.P4 COPY OF THE LETTER DT 21.10.02 EXT.P5 COPY OF THE REPLY DT 24.10.02. EXT.P6 COPY OF THE PAGES OF MINUTES BOOK. EXT.P7 COPY OF THE LETTER DT 28.10.02. EXT.P8 COPY OF THE LETTER DT 28.10.02. EXT.P9 COPY OF THE NOTICE DT 1.11.02. EXT.P10 COPY OF THE PLAINT IN OS.3167/02. EXT.P11 COPY OF THE APPLICATION DT 11.4.03. EXT.P12 COPY OF THE APPLICATION DT 25.6.03. EXT.P13 COPY OF THE APPLICATION DT 29.7.03. EXT.P14 COPY OF THE LETTER DT 19.2.04. EXT.P15 COPY OF THE STATEMENT. EXT.P16 COPY OF THE DECREE DT 9.6.04. EXT.P17 COPY OF THE CERTIFICATE DT 6.1.02. EXT.P18 COPY OF THE NOTICE DT 1.12.04. EXT.P18 COPY OF THE REPRESENTATION DT 29.12.10. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 35143 of 2004 H ``````````````````````````````````````````````````````````` Dated this the 24th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The 1st petitioner is a Library registered with the Kerala State Library Council with registration No.1711. It is stated that, the library is also affiliated to the second respondent. 2. In so far as this writ petition is concerned, the petitioner states that, on 27.10.2002, election was held and a 11 member committee was elected and the 2nd and 3rd petitioners were also elected as the President and Secretary of the 1st petitioner. It is the case of the petitioners that the election was held in terms of clause 10 of Ext.P1 bye-laws by a returning officer appointed as per Ext.P2. 3. Immediately after the election, they submitted Ext.P7 to the third respondent to approve the election, but the third respondent issued Ext.P8, requiring that a fresh election should be held. In spite of Ext.P8, petitioners 2 and W.P.(C) No.35143/2004 : 2 : 3 continued in office, completed their three year term and for the subsequent periods, fresh elections were held and office bearers were elected. 4. Grievance in this writ petition is mainly that the grant payable to the library under Section 35 of the Public Libraries (Kerala Granthasala Sanghom) Act has not been paid for the period from 2003-04 onwards, for the reason that the election held in October, 2002 was not approved. It is stated that, relying on the said non approval, subsequent elections were also not approved and grant is also not paid. It is in these circumstances, writ petition has been filed seeking a direction to the respondents to disburse the grant payable to the 1st petitioner under the Act for the period from 2002 onwards. 5. I heard the counsel appearing for respondents 1 to 3. According to the learned Standing Counsel, it is not the non approval of the election, which stood in the way of the petitioner in getting the grant payable under the Act. On the W.P.(C) No.35143/2004 : 3 : other hand, the first petitioner did not comply with the procedure laid down in Rule 115 of the Public Libraries (Kerala Granthasala Sanghom) Rules. It is pointed out that, applications for grant should be submitted in Form No.5 to the District Library Council through the Taluk Library Council so as to reach there on or before the end of June every year. It is stated that, once such an application has been received, the application is to be processed in terms of the provisions of the Rules and only on such application, the grant is disbursed. It is submitted that, the 1st petitioner did not submit application as provided in the Rules and it was, therefore, that the amount was not disbursed. 6. It is true that the Rule requires that a Library eligible for grant should make application in Form No.5 and as provided in Rule 114 of the Rules referred to above. If there is non compliance, the respondents cannot be faulted if payment has not been disbursed. 7. Although it is the contention of the counsel for the W.P.(C) No.35143/2004 : 4 : petitioners that after having made Ext.P13 application for the year 2003, on account of the non approval of the election, the 1st petitioner did not submit the applications in terms of Rule 114(1) of the Rules, still, having regard to the fact that the application is a mandatory requirement, the 1st petitioner ought to have made the application, in time. Therefore, only if valid application has been made by the 1st petitioner, and if such applications are available, then and then alone can this Court direct the respondents to sanction and disburse the grant admissible to the 1st petitioner. 8. In that view of the matter, I direct that if any valid application has been received by the third respondent from the 1st petitioner, the third respondent shall process the same and forward it to the second respondent, who shall submit the same to the first respondent for disbursement of the admissible amount of grant due to the 1st petitioner. 9. It is further directed that in so far as the remaining period for which his application has not so far been submitted, W.P.(C) No.35143/2004 : 5 : it will be open to the 1st petitioner to move the first respondent in which event, the first respondent shall consider the said representation and if the claim is admissible, necessary orders in that behalf will be passed. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/25/08 // True Copy // P.A. To Judge