Sandeep P.S. v. Ministryof Local Self Department
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 --------------------------- PETITIONER:
SANDEEP P.S. THUSSAMMEVELI, KAYIPPURAM POST, MUHAMMA, ALAPPUZHA BY ADVS.SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER SRI.J.VIVEK GEORGE RESPONDENTS(S):
------------ 1.
MINISTRY OF LOCAL SELF DEPARTMENT REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, KERALA - 1 2.
THE CHIEF TOWN PLANNING OFFICER, VIGILANCE, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM - 1 3.
THE SECRETARY, CHERTHALA SOUTH PANCHAYATH, CHERTHALA SOUTH P.O. PIN - 688 6552 4.
CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA - 2, COMMUNITY CENTER, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY 5.
SREE SANKARA ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRESIDENT/MANAGER, PULIYAMKOTTUBHAGOM EDUCATIONAL AND CULTURAL SOCIETY, KURUPPANKULANGARA P.O.
CHERTHALA - 688 539
--------------------------- 6.
PRINCIPAL, SREE SANKARA ENGLISH MEDIUM SCHOOL,REPRESENTED BY ITS PRESIDENT/MANAGER, PULIYAMKOTTUBHAGOM EDUCATIONAL AND CULTURAL SOCIETY, KURUPPANKULANGARA P.O.
CHERTHALA - 688 539 7.
ADMINISTRATIVE OFFICER, SREE SANKARA ENGLISH MEDIUM SCHOOL,REPRESENTED BY ITS PRESIDENT/MANAGER, PULIYAMKOTTUBHAGOM EDUCATIONAL AND CULTURAL SOCIETY, KURUPPANKULANGARA P.O.
CHERTHALA - 688 539 BY GOVERNMENT PLEADER SMT. GIRIJA GOPAL BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER'S EXTS:
EXT.P1: TRUE COPY OF THE NEWS PAPER CUTTING IN THE MATHRUBHOOMI DAILY DATED 28-2014 EXT.P2: TRUE COPY OF THE QUERY AND REPLY OBTAINED UNDER THE RIGHT TO INFORMATION ACT EXT.P2 (A): TRUE TRANSLATION OF EXT. P2 FROM MALAYALAM TO ENGLISH EXT. P3: TRUE COPY OF THE CHAPTER II OF NORMS FOR AFFILIATION WHEREIN THE MINIMUM REQUIREDLAND IS STATED EXT.P4: TRUE COPY OF THE QUERY UNDER THE RIGHT TO INFORMATION ACT REGARDING CONSTRUCTIONOF BUILDING BY THE 5TH RESPONDENT EXT.P4(A): TRUE TRANSLATION OF EXT. P4 FROM MALAYALAM TO ENGLISH EXT. P5: TRUE COPY OF THE REPLY GIVEN TOT HE QUERIES UNDER THE RIGHT TO INFORMATION ACT EXT.P5 (A): TRUE TRANSLATION OF EXT. P5 FROM MALAYALAM TO ENGLISH EXT.P6: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 27-12-2014 EXT.P6 (A): TRUE TRANSLATION OF EXT. P5 FROM MALAYALAM TO ENGLISH
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P. (C ) No. 8624 of 2015 ....................................................... Dated this the 18th day of March, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Petitioner has approached this Court seeking the following reliefs:
i) Call for the records based on Ext. P6 representation pertaining to the building permit of the 5 th respondent school and issue a writ of mandamus or any other writ or direction to the respondents 2 and 3 to issue stopmemo to the 5 th respondent school for further construction of buildings, ii) Direct the 4 th respondent to cancel the affiliation given to the 5 th respondent school with immediate effect
W.P. (C ) No. 8624 of 2015 iii) Direct all the respondents to implement corrective measures if any for the said anomaly by the 5 th respondent school considering the fate and future of the said 1300 students studying in the said school".
2. Petitioner claiming to be a pro bono publico has approached this Court complaining about the lack of infrastructural facilities in the matter relating to the functioning of the school managed by the 7 th respondent. It is inter alia contended that the 2 nd floor of the building was constructed four years back and fitness certificate was obtained only during the end of the year 2013. Further it is stated that during rainy season, the students are put to severe difficulties. Petitioner points out certain violations in the matter relating to the construction of the building as well as the minimum facilities that have to be provided by the authorities. According to the petitioner, though representations have been made, no action has been taken by the school authorities in the matter. Petitioner has also applied under the Right to Information Act calling upon the School authorities to provide certain informations but the informations were not satisfactory.
3. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the records, we do not think that this Court can entertain this case as a public
W.P. (C ) No. 8624 of 2015 interest litigation. Petitioner's complaint is with regard to the construction activities in a particular school. Petitioner can point out any deficiency in the construction being done before the appropriate authorities and it is for the said authorities to look into the matter and do the needful. Petitioner had already submitted representations to various authorities. But the fact remains that it is for the local authority to first confirm as to whether the school is constructed without getting appropriate permission.
Reserving the right of the petitioner to approach the local authority or such other statutory forum to ventilate his grievance, this Writ Petition is closed.
Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge