BY AD vs GOVERNMENT PLEADER

BY ADVS. GOVERNMENT PLEADER SRI.VARGHESE PARAMBIL SRI.ALBERT JOSEPH SRI.S.SREEKUMAR (SR.) WP(C) NO. 39681 OF 2018 2 OTHER PRESENT: SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39681 OF 2018 3 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) No.39681 of 2018 ............................................................. Dated this the 26th day of March, 2025 JUDGMENT The petitioner is stated to be a charitable institution devoted to the care and protection of orphaned old women. The petitioner institution has been recognized as a poor home by the Government and is functioning under the Vicar of the St.Mary's Church, Njarackal as the Director and the Church trustees as its patrons.

2. The petitioner is aggrieved by the non-renewal of the certificate of recognition granted to the petitioner institution, based on the objections raised by the 2nd respondent herein. The petitioner submits that through Ext.P11 dated 09.10.2018, the 1st respondent, Board of Control for Orphanages and Other Charitable Homes Kerala, sought certain clarifications from the petitioner, to which Ext.P13 reply was given by the petitioner on WP(C) NO. 39681 OF 2018 4

27.10.2018. The learned counsel for the petitioner submits that all the records that are necessary for the renewal are produced before this Court as Exts.P21 to P26. Be that as it may, it is for the 1st respondent to consider the case of renewal of the certificate of recognition of the petitioner institution.

3. It is submitted by the learned counsel appearing for the 2nd respondent that Exts.P21 to P26 were challenged before this Court by the 2nd respondent by filing W.P.(C) No.44222 of 2024 which was dismissed as not pressed on 20.02.2025. In view of the above developments and taking into account the contentions of the learned counsel for the petitioner that they have all the documents required for renewal of the recognition, the writ petition is disposed of, directing the petitioner to make a fresh application for renewal before the 1st respondent producing all their relevant documents, within a month from today. The 1st respondent shall hear the petitioner and take a decision on the question of renewal within two months from the date of receipt of the application from the petitioner. Till a decision is taken as directed above, the interim order granted by this Court on 16.01.2019, directing to maintain the WP(C) NO. 39681 OF 2018 5 status quo with regard to the conduct of the Poor Home, shall be in force. Anu Sd/- MOHAMMED NIAS C.P. JUDGE WP(C) NO. 39681 OF 2018 6 APPENDIX OF WP(C) 39681/2018 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE TRUST DEED NO. 74 OF 2018, DATED 13-08-2018 THE TRUE PHOTOSTAT COPIES OF DOCUMENT NO. 1202 OF 1121 M.E OF THE NJARACKAL SUB REGISTRY THE TRUE PHOTOSTAT COPIES OF DOCUMENT NO. 1223 M.E OF THE NJARACKAL SUB REGISTRY THE TRUE PHOTOSTAT COPIES OF DOCUMENT NO. 786 OF 1951 OF THE NJARACKAL SUB REGISTRY THE TRUE PHOTOSTAT COPIES OF DOCUMENT NO. 644 OF 1970 OF THE NJARACKAL SUB REGISTRY THE TRUE PHOTOSTAT COPIES OF DOCUMENT NO. 1417 OF 1973 OF THE NJARACKAL SUB REGISTRY THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF RECOGNITION DATED 01-01- 2014 THE TRUE PHOTOSTAT COPY OF THE APPLICATION FOR RENEWAL OF CERTIFICATE OF RECOGNITION DATED 27-11-2017 EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE REPLY OF THE 1ST RESPONDENT DATED 14-03-2018 EXHIBIT P10 THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 25-09-2018 EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE REPLY BY WP(C) NO. 39681 OF 2018 7 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P 16 THE 1ST RESPONDENT DATED 09-10-2018 THE TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE NJARACKAL GRAMA PANCHAYAT DATED 09-10-2018 THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION ISSUED BY THE DIRECTOR OF PETITIONER INSTITUTION TO THE 1ST RESPONDENT DATED 27-10-2018. THE TRUE PHOTOSTAT COPY OF THE LETTER NO.OBC 2-528/18, DATED 13.12.2018, ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER THE TRUE PHOTOSTAT COPY OF THE PROCEEDINGS BEFORE THE ADDITIONAL TAHSILDAR, FOR KOCHI DATED 06.11.2013 THE TRUE PHOTOSTAT COPY OF THE ORDERS PASSED IN CRL.M.C. NO.956 OF 2015 DATED 08.06.2015. EXHIBIT P16 (A) THE TRUE PHOTOSTAT COPY OF THE ORDERS PASSED IN CRLM.C. NO.2955 OF 2015 DATED 08.06.2015 EXHIBIT P17 Exhibit P18 Exhibit P19 Exhibit P20 THE TRUE PHOTOSTATE COPY OF THE JUDGMENT PASSED IN OS.NO 39 OF 2009 ON THE FILES OF THE MUNSIFF COURT, KOCHI TRUE PHOTOSTAT COPY LIST OF MANAGING COMMITTEE OF THE TRUST ALONG WITH COVERING LETTER DATED 07-05-2024 SUBMITTED BEFORE THE 1ST RESPONDENT TRUE PHOTOSTAT COPY OF THE NOTICE BEARING NO. SJD/ 4336/2024-OCB2 DATED 03-09-2024 E TRUE PHOTOSTAT COPY OF COVERING LETTER DATED 25-09-2024 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P21 TRUE PHOTOSTAT LAND TAX RECEIPT DATED 10-09-2024 IN THANDAPER NO.11441 ISSUED WP(C) NO. 39681 OF 2018 8 IN FAVOUR OF PETITIONER BY VILLAGE OFFICER, NJARAKKAL VILLAGE Exhibit P22 TRUE COPY OF THE S.M.P NO.C2-2377/2024, TAHASILDAR (LR), KOCHI ISSUED FORM 9 PATTAYAM DATED 14-08-2024 Exhibit P23 FORM 8 PURCHASE CERTIFICATE DATED 14- 08-2024 TO THE PETITIONER Exhibit P24 Exhibit P25 Exhibit P26 TRUE COPY OF POSSESSION CERTIFICATE DATED 19-09-2024 PERTAINING TO PROPERTY COMPRISED IN RE-SURVEY NO.158/9 OF RE- BLOCK NO.8 TRUE COPY OF THE OWNERSHIP CERTIFICATES DATED 24-09-2024 WITH RESPECT OF BUILDING NOS.191/ IN WARD TRUE COPY OF THE 5(OLD NO. 90/ IN WARD 3) AND 192/ IN WARD 5(OLD NO. 90/ IN WARD 3) ISSUED BY THE NJARACKAL GRAMA PANCHAYATH