The Manager vs The Secretariat To Government
2022 Latest Caselaw 8450 Ker

Citation : 2022 Latest Caselaw 8450 Ker
Judgement Date : 6 July, 2022

Kerala High Court

The Manager vs The Secretariat To Government on 6 July, 2022

               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

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

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/-

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

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-