IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 33706 of 2007(K) -------------------------- PETITIONER: ------------ R.M. RAMACHANDRAN, S/O. KARIMATTATH KOTTAYIL MADHAVAN KUNHI, PRESIDENT AND SPONSER, GOVERNMENT L.P. SCHOOL, RAYAMANGALAM, PULLUVAZHI, ERNAKULAM DISTRICT. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI SRI.C.S.MANU SRI.ANOOP.V.NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATION OFFICER, ALUVA. 5. THE ASSISTANT EDUCATION OFFICER, PERUMBAVOOR. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C).No.33706 of 2007 ------------------------------------------- Dated this the 7th day of February, 2008 JUDGMENT The prayer sought for in this writ petition is to direct the respondents to reconvey the land covered by Ext.P1 assignment deed. 2. The petitioner submits that by Ext.P1 an extent of 1½ acres of land mentioned therein has been conveyed to the first respondent for the purpose of establishing a school. It is stated that the document has been signed by one R.M.Ramachandran on behalf of the sponsoring committee as its President. According to the petitioner, despite long lapse of time, the school was not established as contemplated in Ext.P1 and for that reason he sought reconveyance of the land on various occasions. 2. When this writ petition came up for admission on 30.11.2007, taking into account the fact that the assignment was as early as in 1981, this court directed the petitioner to produce documents relating to the constitution of the sponsoring committee and also proving its existence and legal character. WPC33706/2007 2 This direction was issued particularly to clear the doubt that as to whether the attempt was to get the land returned to the person who was filed this writ petition. Even as on date, the petitioner has not produced any document in compliance with the said order and therefore, I should presume that the committee is no longer in existence and that it does not have any legal character. 3. Today, the counsel for the petitioner has produced an additional document along with a memo. This document is stated to be the minutes book maintained by the sponsoring committee. It is seen that a meeting was held on 2.1.1989, and the second meeting was held only on 14.2.1992. After the second meeting, the next meeting was held after 10 years on 8.6.2002 followed by another meeting on 8.1.2003 and the last one on 3.3.2007. 4. Although, the petitioner in this writ petition is also signatory in the said minutes book, from the original of the minutes book produced it is noticed that the same person appears to have signed on all the aforesaid dates using the same pen and that too in black ink. WPC33706/2007 3 5. I am not prepared to act upon the minutes book now produced and I have reason to doubt the genuineness of the said minutes book as well. 6. The conveyance by Ext.P1 was unconditional and absolute and once it is accepted, I do not think that the petitioner has any legal right to claim return of the land. The petitioner has sought to rely on the judgment of this court in O.P.No.8934/1993 and submits that reconveyance was ordered by this court. Even if it is so, since the petitioner has not succeeded in proving the continued existence of the sponsoring committee, which he claims to represent, by producing satisfactory documents, I am not inclined to direct reconveyance as sought for by the writ petitioner. The writ petition fails and dismissed. ANTONY DOMINIC, JUDGE csl WPC33706/2007 4