P.Muralidharan vs Kadambur Grama Panchayath
2021 Latest Caselaw 12874 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
    FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                      WP(C) NO. 12113 OF 2021
PETITIONER/S:

          P.MURALIDHARAN, AGED 52 YEARS
          MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL,
          KADAMBUR,KANNUR - 670 663.
          BY ADVS.
          GEORGE POONTHOTTAM (SR.)
          NISHA GEORGE
          VISHNU B.KURUP


RESPONDENT/S:

          1.KADAMBUR GRAMA PANCHAYATH
1




            KADACHIRA P.O, KANNUR -670 621 REP BY ITS
          SECRETARY


          2. THE SECRETARY, KADAMBUR GRAMA PANCHAYATH
          KADACHIRA P.O, KANNUR -670 621


          3.THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
          INSTITUTIONS, CHALAKUZHY P.O, THIRUVANANTHAPURAM -
          695 011.



OTHER PRESENT:

          SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2021, THE COURT ON THE SAME DAY
             DELIVERED THE FOLLOWING:
                                   2
WP(C) No.12113 of 2021



                         C.S.DIAS, J.
             ======================
                 WP(C) No.12113 of 2021
              ======================
            Dated this the 11th day of June,2021.

                          JUDGMENT

The petitioner seeks a direction to the third

respondent to consider and dispose of Ext P3 appeal

within a time frame.

2. The petitioner has averred in the writ petition

that he is the Manager of the Kadambur Higher Secondary

School at Kannur, which was established in the year 1899.

The School was subsequently upgraded as a U.P School on

1.6.1958 and, thereafter, as an Higher Secondary School

in the year 2000. The School has around 7700 students.

In 2004, the petitioner wanted to start a Teachers Training

Institute. As the National Council for Teachers Education

had insisted for a separate building, the petitioner had

approached the second respondent seeking permission for

the same. However, the second respondent stated that

WP(C) No.12113 of 2021

there was no need for prior permission as per the Kerala

Municipal Building Rules since it was not extended to the

Kadambur Panchayat. Accordingly, as there was no

requirement to obtain prior permission from the

Panchayat, the petitioner constructed the building in the

year 2006. Subsequently, the Kerala Municipal Building

Rules was implemented in the said Panchayat. In the year

2010, the Teachers Training Institute was closed and

Higher Secondary Wing of the School was shifted to the

building. While so, the Regional Deputy Director issued a

direction to all Higher Secondary schools to produce

fitness certificate of the buildings. Ergo, the petitioner

submitted a request before the Assistant Engineer, LSGD

section of the Kadambur Panchayat to issue a fitness

certificate, but the second respondent rejected the

request by Ext P2 order. Aggrieved by Ext P2 order, the

petitioner has preferred Ext P3 appeal before the third

respondent as early as in the year 2019. Nevertheless,

WP(C) No.12113 of 2021

there is inordinate delay on the part of the third

respondent in considering Ext P3 appeal. The appeal has

been adjourned to 7.9.2021. The petitioner is being

scrutinized by the Education Department for not

complying with the direction of its Regional Deputy

Director. Hence the petitioner seeks a direction to the

third respondent to consider and dispose of Ext P3 appeal

within a time frame.

3. Heard the learned Senior Counsel appearing for

the petitioner and the learned Government Pleader

appearing for the third respondent.

4. Taking into consideration the fact that Ext P3

appeal has been filed by the petitioner before the third

respondent as early as on 22.10.2019 and the same is still

pending consideration and also the fact that the

Educational Department has directed the petitioner to

produce fitness certificate in respect of the building, in

exercise of the supervisory powers of this Court under

WP(C) No.12113 of 2021

Article 226 and 227 of the Constitution of India, I direct

the third respondent to consider Ext P3 appeal, in

accordance with law, as expeditiously as possible and at

any rate within a period of one month from the date of

production of a copy of this judgment.

The writ petition is ordered accordingly.

Sd/-

Sks/11.6.2021                               C.S.DIAS
                                            JUDGE

WP(C) No.12113 of 2021


                     APPENDIX OF WP(C) 12113/2021

PETITIONER ANNEXURE
EXHIBIT P1               TRUE COPY OF THE CERTIFICATE

NO.B4/547/2004 DATED 31.7.2004 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF THE LETTER NO.C-3615/19 DATED 24.9.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPEAL NO.731/2019 (LSGD) FILED BY THE PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM