Saju Varghese vs State Of Kerala

N. Nagaresh, J

The ownership of “Udaya Library and Reading Room” in Koodaranji, Kozhikode is the issue raised by the petitioner in this writ petition.

The petitioner states that the Library was constructed after the petitioner’s father transferred the property to the President of Udaya Library and Reading Room, in the year 1959. The Library was registered with erstwhile Kerala Granthasala Sangham. On the enactment of the Kerala Public Libraries Act, 1989, the property and the library vested with the Kerala State Library Council.

The administration of the Library was taken over by the Panchayat at some point of time. Later, the library stopped functioning. The Panchayat leased the library building as shops and realised rentals. Now, the Panchayat is going to demolish the whole building to construct public toilet and bus shelter. Representations were submitted to the Panchayat authorities, District Collector, Minister for Local Self Government Institutions, etc. But, the Panchayat is going ahead with the construction of toilet demolishing the Library Building.

The petitioner argues that the Panchayat has no ownership of the property and it is evident from Exts.P2 and P3. The Library is vested with the Kerala State Library Council in view of Section 38 of the Kerala Public Libraries Act, 1989. The Panchayat is misappropriating the land and the building of the Library. The Panchayat has a responsibility to restore the Library.

The 2nd respondent resisted the writ petition. The 2nd respondent stated that all the Life Members of the Udaya Library and Reading Room have passed a resolution on 18.05.1974 requesting the Panchayat to take over the management of the Library. The Panchayat hence decided to take over and run the Library, as per Ext.R2(a) resolution. The Library was taken over and it is in the possession of the Panchayat since 1974.

Four shop rooms were constructed there by the Panchayat without any objection from any quarters. The shop rooms have now become dilapidated and unusable. In public interest, the Panchayat decided to construct a public toilet and bus shelter in the land. Those facilities are now dedicated to public. Neither the petitioner nor the Library Council can object to the construction which is made in public interest.

The 3rd respondent-Kerala State Library Council filed a counter affidavit and submitted that Mr. Varkey Kurian transferred his property to the President of Udaya Library and Reading Room as per Ext.P1 transfer deed. The Udaya Library and Reading Room was affiliated with the Kerala Granda Sala Sanghom as No.2019 on 15.06.1957. Without obtaining prior permission from the competent authority, the Panchayat started to manage the functioning of library in the year 1979. The property transferred as per Ext.P1 is still in the name of the President of the library. The assets and liabilities of a library affiliated to Grandasala Sanghom will be vested with the Grandasala Sanghom. After the enactment of the Kerala Public Libraries (Kerala Grandasala Sanghom) Act, 1989, all assets and liabilities vested with the Kerala Grandasala Sanghom are vested with the Kerala State Library Council. The 2nd respondent-Panchayat has no right to demolish the building and to change its use. Now, a committee has been constituted for reconstructing the library. The functioning of the library can be entrusted with the aforesaid committee after its reconstruction.

I have heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent-State and the respective learned Standing Counsel for respondents 3 and 4.

Based on Exts.P2 and P4, the petitioner contends that the Panchayat has no title over the property. Relying on Section 38 of the Kerala Public Libraries Act, 1989, the petitioner argues that all rights and interests of the Grandasala Sanghom now vest with the Library Council. It is to be noted that even according to the Library Council, the property is still in the name of the President of the library.

According to the Library Council, the functioning of the library can be entrusted to the new Library Committee constituted. The Panchayat has a specific case that all the Life Members of the Library have unanimously resolved and requested the Panchayat to take over the library and it is thereupon that the Panchayat took over the library in the year 1974. There is nothing on record to show that the taking over of the land, building and the library was subject to any conditions.

At any rate, the writ petitioner has no subsisting right whatsoever over the property. If the Panchayat has constructed a toilet and bus waiting shed in the property, in public interest, the petitioner cannot challenge the action of the Panchayat.

The writ petition therefore fails and it is dismissed.