IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 25842 of 2011(E) --------------------------------- PETITIONER(S): -------------------- 1. THE PRINCIPAL, PALORA HIGHER SECONDARY SCHOOL, P.O., ULLIYERI, KOZHIKODE DISTRICT. 2. K.P.ABDU HAMEED, S/O. USMAN, AGED 55 YEARS, PRESIDENT, ULLIYERI SECONDARY SCHOOL COMMITTEE, P.O.ULLIYERI, KOZHIKODE DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------- 1. THE VILLAGE OFFICER, ULLIYERI, VIA KOYILANDY, KOZHIKODE DISTRICT - 673 614. 2. THE TAHSILDAR, TALUK OFFICE, VIA KOYILANDY, KOZHIKODE DISTRICT - 673 614. 3. THE DISTRICT COLLECTOR, KOZHIKODE - 673 001. 4. KERALA STATE SPORTS COUNCIL REP.BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001. 5. KANHIKKAVU KUNHIKRISHNAN, ANITA NIVAS, NADUVANNUR P.O., KOYILANDY - 673 614. R1 TO R3 BY GOVT. PLEADER JOSEPH GEORGE R4 BY ADV. SMT.P.K.RADHIKA R5 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 25842/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BYELAW OF THE ULLIYERI SECONDARY SCHOOL COMMITTEE. P2: COPY OF TITLE DEED DOCUMENT NO.4/1968 IN RESPECT OF LAND OWNED BY PALORA HIGHER SECONDARY SCHOOL. P3: COPY OF THE COMMUNICATION ISSUED TO THE DISTRICT REGISTRAR BY THE PRESIDENT OF ULLIYERI SECONDARY SCHOOL COMMITTEE. P4: COPY OF THE ORDER OF THE HONOURABLE MUNSIFF'S COURT, KOYILANDY IN I.A.349/2010 IN O.S.68/2010. P5: COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL TO THE MANAGER DATED 02/07/2011. P6: COPY OF COMMUNICATION ISSUED BY THE KERALA STATE SPORTS COUNCIL DATED 03/06/2011. P7: COPY OF THE APPLICATION FOR POSSESSION CERTIFICATE SUBMITTED TO THE 1ST RESPONDENT DATED 01/04/2011. P8: COPY OF PETITION NO.AP.181/2011 FILED BEFORE THE TALUK LEGAL SERVICE COMMITTEE DATED 18/08/2011. P9: COPY OF THE OWNERSHIP CERTIFICATE DATED 18/09/2008 ISSUED BY THE ULLIYERI GRAMA PANCHAYAT. P10: COPY OF ORDER DATED 09/02/2011 ISSUED BY THE DIRECTORATE OF SPORTS AND YOUTH AFFAIRS. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE ORDER OF THE DISTRICT REGISTRAR DATED 10/07/07. R5(b):COPY OF THE ORDER IN WA.109/2008 DATED 22/01/2008. R5(c):COPY OF THE ORDER PASSED BY THE DEO ON 30/04/2008. R5(d):COPY OF THE ORDER DATED 25/09/2010. R5(e):COPY OF THE CORRECTION ORDER DATED 30/10/2010. R5(f):COPY OF THE ORDER DATED 08/11/2010 IN WPC.NO.31525/2010. R5(g):COPY OF THE ORDER NO.K.DIS.B4/6991 DATED 20/05/2011 R5(h):COPY OF THE REPRESENTATION DATED 26/04/2011. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 25842 OF 2011 ----------------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T Heard both the sides. 2. The prayer in this writ petition is regarding the issuance of a possession certificate in respect of Palora Higher Secondary School, Ulliyeri in Kozhikode. According to the petitioners, such a possession certificate issued by the first respondent is necessary for obtaining grant from the 4th respondent and that such a certificate is not issued on account of a dispute that is going on between the 2nd petitioner and the 5th respondent regarding election of the 2nd petitioner as the President of the School Committee. It is stated that if the certificate is not issued the school will loose the grant and that to avoid such a situation, the certificate should be ordered to be issued. W.P.(C) No. 25842 OF 2011 :2 : 3. However, taking note of the contention of the 5th respondent that the very locustandi of the 2nd petitioner is in dispute in various proceedings before the civil court as also before this court, issuance of a certificate in favour of the 2nd petitioner can cause prejudice to the 5th respondent. 4. In order to avoid such a contingency and also to take care of the interest of the school and to avoid lapsing of the grant from the 4th respondent I direct the first respondent to issue in the name of the Principal, a possession certificate pertaining to the school. The certificate as above shall be issued by the first respondent as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. 5. It is clarified that the issuance of the certificate is for the limited purpose of enabling the school to receive the grant from the 4th respondent. The certificate issued will not create any right in favour of the 2nd petitioner and W.P.(C) No. 25842 OF 2011 :3 : no prejudice whatsoever will be caused to the 5th respondent in his claim against him. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-