WP(C) NO. 17862 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 17862 OF 2022
PETITIONER/S:
AMLP SCHOOL
THIRURKAD REPRESENTED BY ITS MANAGER KALI HAJI, AGED 72,
S/O MOHAMMED HAJI, KUNNATH HOUSE, THIRURKAD,
ANGADIPPURAM, MALAPPURAM-679 321
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
-695 001
2 ANGADIPPURAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY ANGADIPPURAM, PERINTHALMANNA
TALUK, MALAPPURAM-679 322
3 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DEO, B 2 BLOCK, CIVIL STATION, MALAPPURAM-
676505
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE DEO, MANKADA, MALAPPURAM DISTRICT -679 324
BY ADVS.
P.ABDUL NISHAD PULLURSHANGATIL HOUSE
NAJMA THABSHEERA.T(K/867/2019)
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17862 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 17862 of 2022
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Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "(i) To issue a Writ of Mandamus or any other appropriate writ order or direction compelling and commanding the 2nd respondent to allot the building number and issue occupancy/fitness certificate to the petitioner, within a time frame.
(ii) To declare that there is no requirement of any lift or ramp in the two storied building as per Rule 51 of the Kerala Panchayath Building Rules, 2011.
(iii) To grant such other reliefs as prayed by the Writ Petitioner from time to time and this Honorable Court may deem fit and proper." [SIC]
2. The petitioner School is a Minority Educational Institution. The petitioner has been granted the Divisions and posts as per Ext.P2 order dated 9.7.2018 by the Asst. Educational Officer, Mankada, Malappuram District. The Manager of the school submitted an application along with the WP(C) NO. 17862 OF 2022 3 proposed site plan of addition to existing school building before the 2nd respondent - Panchayat for building permit. The 2 nd respondent issued Ext.P4 building permit on 23.7.2020. The District Educational Officer, Malappuram issued an order No.KDis-B1/1940/2021 dated 30.12.2021 whereby it was ordered that the six rooms existing in the school may be demolished and eight room classes concrete building was allowed to construct. It is the case of the petitioner that the 2 nd respondent issued a letter dated 29.10.2021 to the petitioner stating that there are changes in the site plan, building plan and build up area. It is also stated that all the buildings having more than 1000M2 area needs to provide lift/ramp. On 21.10.2021, the 2nd respondent issued Ext.P6 letter showing the defects and the petitioner vide Ext.P6 reply explained the the illegality in the defects notified by the 2 nd respondent. It is the case of the petitioner that the petitioner completed the building construction and the same was communicated to the 2nd respondent vide Ext.P7. There is no response to Ext.P7. Ext.P8 is the completion certificate. Hence, this writ petition is filed.
WP(C) NO. 17862 OF 2022 4
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2nd respondent.
4. The main grievance of the petitioner is that the defects noted in Ext.P6 are not correct. It is also the case of the petitioner that the petitioner submitted their explanation as per Ext.P7 and the same is not considered. It is the specific case of the counsel that the Kerala Municipality Building Rules is not applicable in the present case and Rule 51 of the Kerala Panchayat Building Rules, 2011 is applicable. These are matters to be considered by the Panchayat. The petitioner already submitted Ext.P7 explanation. There can be a direction to the Secretary of the Panchayat to consider Ext.P7. Since it is a school building and the academic year already started, there can be a direction to the 2nd respondent to provisionally number the building subject to the final orders to be passed in Ext.P7.
Therefore, this writ petition is disposed of with the following directions:
1) The 2nd respondent is directed to provisionally number the building of the petitioner based on Ext.P8 completion WP(C) NO. 17862 OF 2022 5 certificate. I make it clear that the provisional numbering is subject to the further orders to be passed by the Panchayat. The provisional numbering should be given within 1 week from the date of receipt of a copy of this judgment.
2) The 2nd respondent will consider Ext.P7 and and pass appropriate orders in it after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 3 months from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17862 OF 2022 6 APPENDIX OF WP(C) 17862/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 15.12.2014 ISSUED BY THE SECRETARY TO GOVERNMENT OF INDIA, NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, DELHI Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER DATED 09/07/2018 ISSUED BY THE AEO, MANKADA Exhibit P3 A TRUE PHOTOCOPY OF THE FRONT ELEVATION ALONG WITH THE SITE PLAN AND SERVICE PLAN DULY CERTIFIED BY THE APPROVED ENGINEER Exhibit P4 A TRUE PHOTOCOPY OF THE PERMIT OF BUILDING DATED 23/07/2020 Exhibit P5 A TRUE PHOTOCOPY OF THE ORDER NO. K.DIS-
B1/1940/2021 DATED 30/12/2021 ISSUED BY 3RD RESPONDENT Exhibit P6 A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 29/10/2021 Exhibit P7 A TRUE PHOTOCOPY OF THE EXPLANATION GIVEN BY THE PETITIONER TO TH 2ND RESPONDENT DATED 9/11/2021 Exhibit P8 A TRUE PHOTOCOPY OF THE COMPLETION CERTIFICATE ISSUED BY THE ENGINEER AND OWNER DATED 10/12/2021 Exhibit P8A A TRUE PHOTOGRAPH OF THE SCHOOL BUILDING