IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21710 OF 2022
PETITIONER:
THE MANAGER,
KHADIRIYYA HIGH SCHOOL,
KOTTUKADU, MUKUNDAPURAM P.O.,
CHAVARA, KOLLAM DISTRICT - 691 585.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE- II,
THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY,
THIRUVANANTHAPURAM-695 014.
4 THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY,
KOLLAM - 691 009.
5 THE DISTRICT EDUCATIONAL OFFICER,
VIDYA NAGAR,
KOLLAM-691 013.
6 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD BLOCK PANCHAYATH,
CHAVARA, KOLLAM-691 583.
WP(C)No.21710/2022
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7 THE ASSISTANT ENGINEER,
LSGD SECTION,
GRAMA PANCHAYATH CHAVARA,
KOLLAM DISTRICT - 691 585.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.21710/2022
3
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, Manager of an aided School, is before this Court seeking to declare that the buildings of his School are fit for conducting classes for the academic year 2022-'23. The petitioner seeks to direct the 6 th and 7th respondents to issue Fitness Certificate for the buildings of the School.
2. The petitioner states that the School Buildings were constructed after obtaining permission from the Panchayat and the 6th respondent-Assistant Executive Engineer has been granting Fitness Certificate to the Buildings till the last year. When the petitioner submitted application for Fitness Certificate for the academic year 2022-'23, the 6th respondent raised objection regarding two buildings and rejected the application for Fitness Certificate. WP(C)No.21710/2022 4 The 6th respondent stated that there is a burial ground beyond the boundary of the School Building and requisite minimum distance has not been maintained.
3. The petitioner pointed out that the buildings were constructed after obtaining Building Permit and that earlier Fitness Certificate was issued by the authorities as per rules. Therefore, the Assistant Executive Engineer cannot look into other aspects for issuance of Fitness Certificate this time. The petitioner, therefore, submitted Ext.P16 representation before the 2nd respondent-Secretary to Government, Local Self Government Department. Unless Ext.P16 is considered by the 2nd respondent and urgent orders are passed, the petitioner will be put to untold hardship and loss, contended the learned counsel for the petitioner.
4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader WP(C)No.21710/2022 5 controverted all the material allegations made by the petitioner in the writ petition. The Government Pleader, however, submitted that if the petitioner has submitted Ext.P16 representation before the 2nd respondent, the same can be considered in accordance with law.
In view of the above, the writ petition is disposed of directing the 2nd respondent to consider Ext.P16 representation submitted by the petitioner, if the same is received, and pass orders thereon within a period of one month. The 2nd respondent shall advert to Exts.P2 to P5 and P14 documents produced by the petitioner while considering the issue. The petitioner shall serve a copy of the writ petition as well as certified copy of this judgment on the 2nd respondent for compliance.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.21710/2022 6 APPENDIX OF WP(C) 21710/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE GO(MS) NO.
299/2015/G.EDN DATED 04.12.2015. Exhibit P2 TRUE COPY OF THE DECLARATION ISSUED BY THE CHAVARA GRAMA PANCHAYAT VIDE NO.1469/2022 DATED 27.06.2022. Exhibit P3 TRUE COPY OF THE STAFF FIXATION FOR THE YEAR 2019-20 VIDE ORDER NO.
DT/B1/46344/2019 DATED 17.07.2019 ISSUED BY THE DEO, KOLLAM.
Exhibit P4 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER FOR THE ACADEMIC YEAR 2020-21.
Exhibit P5 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER FOR THE ACADEMIC YEAR 2021-22 DATED 28.05.2021.
Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT VIDE ORDER NO. 358/EWA 3/2021/LSGD DATED 16.03.2022.
Exhibit P7 TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE SUBMITTED BY THE MANAGER BEFORE THE ASSISTANT ENGINEER, CHAVARA DATED 13.05.2022. Exhibit P7 a TRUE COPY OF THE CHALAN RECEIPT SHOWING THE PAYMENT OF ISSUANCE OF THE CERTIFICATE DATED 30.03.2022. Exhibit P8 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE MANAGER BEFORE THE ASSISTANT ENGINEER LSGD CHAVARA GRAMA PANCHAYAT DATED 13.05.2022.
Exhibit P9 TRUE COPY OF THE LETTER NO. AE/35-
5/2022 ISSUED BY THE ASSISTANT
ENGINEER ADDRESSED TO
HEADMASTER/MANAGER DATED 31.05.2022 . WP(C)No.21710/2022 7 Exhibit P9 a TRUE COPY OF THE LETTER NO. AE-31-
5(1)/22 ISSUED BY THE ASSISTANT ENGINEER ADDRESSED TO HEADMASTER/MANAGER DATED 31.05.2022.
Exhibit P10 TRUE COPY OF THE REPLY SUBMITTED BY THE MANAGER BEFORE THE ASSISTANT ENGINEER, CHAVARA VIDE NO. KHS/G/03 DATED 06.06.2022.
Exhibit P10 a TRUE COPY OF THE REPLY SUBMITTED BY THE MANAGER BEFORE THE ASSISTANT ENGINEER, CHAVARA VIDE NO. KHS/G/04 DATED 07.06.2022.
Exhibit P11 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT ENGINEER, CHAVAR VIDE ORDER AE/13-6/22 ADDRESSED NO. THE MANAGER/HEADMASTER DATED 13.06.2022. Exhibit P12 TRUE COPY OF THE LETTER NO. KHS/G/07 ISSUED BY THE MANAGER ADDRESSING THE ASSISTANT ENGINEER, CHAVARA DATED 17.06.2022.
Exhibit P13 TRUE COPY OF THE LETTER NO. AE/21-
6/22 ISSUED BY THE ASSISTANT ENGINEER ADDRESSED TO MANAGER/HEADMASTER DATED 22.06.2022.
Exhibit P14 TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE ISSUED BY THE STRUCTURAL ENGINEER DATED 21.06.2022.
Exhibit P15 TRUE COPY OF THE SCHOOL PERFORMA FOR THE ACADEMIC YEAR 2022-2023.
Exhibit P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER BEFORE THE LOCAL SELF DATED GOVERNMENT DEPARTMENT DATED 17.06.2022.
SR