High Court of KeralaWP(C)/26835/2015disposed of

Chavara Special School v. The District Collector

2015-10-12Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 26835 of 2015 (D) ---------------------------- PETITIONER :

--------------------- CHAVARA SPECIAL SCHOOL FOR THE MENTALLY CHALLENGED, KOONAMMAVU P.O., NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 518 REP. BY ITS PRESIDENT SR.SUMA, CMC.

BY ADVS.SRI.K.V.SOHAN SMT.SREEJA SOHAN K.

SRI.ROVIN RODRIGUES RESPONDENT(S) :

----------------------------

1. THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O., PIN - 682 030.

2. THE TAHSILDAR PARAVUR TALUK, PARAVUR, ERNAKULAM DISTRICT PIN - 683 518.

3. THE VILLAGE OFFICER KOTTUVALLY VILLAGE, ERNAKULAM DISTRICT, PIN - 683 518.

4. THE KOTTUVALLY GRAMA PANCHAYAT KOTTUVALLY, ERNAKULAM, PIN-683 518 REP. BY ITS SECRETARY.

R1 TO R3 BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL BY GOVT. PLEADER SRI. T.P. SAJID THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 26835 of 2015 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

THE CERTIFICATE OF REGISTRATION RENEWED DATED 19.9.14 WITH EFFECT FROM 2.9.14.

EXHIBIT P2.

TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES DATED NIL JULY, 2015.

EXHIBIT P3.

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 DATED 24.8.15.

EXHIBIT P4.

COPY OF THE REPORT SUBMITTED BY RESPONDENT NO.3, VILLAGE OFFICER, KOTTUVALLY VILLAGE DATED 25.8.15.

EXHIBIT P5.

COPY OF THE REPORT SUBMITTED BY RESPONDENT NO.4 DATED 1.2.2007.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 26835 of 2015 ---------------------------------------- Dated this the 12th day of October, 2015

J U D G M E N T

Petitioner is conducting a special school for mentally challenged students in Ward No.3 of Kottuvally Grama Panchayath (New Ward No.XII).

2. Petitioner approached this Court seeking a direction to respondent No.2 to issue Rural Area Certificate to the petitioner's school in Ward No.3 (New Ward No.XII) of Kottuvally Grama Panchayath.

3. According to the petitioner, the above area has not been notified as urban under the Delimitation Act and Pachayat Raj Act. Therefore, the petitioner is entitled for the Rural Area Certificate.

4. This Court is of the view that if the area is not notified as urban area under the Delimitation Act or the Kerala Panchayat Raj Act, appropriate rural area certificate has to be issued to the

WP(C).NO.26835 OF 2015 :-2-:

petitioner. Needful shall be done within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO.26835 OF 2015 :-3-: