Kerala High Court
Amlp School vs State Of Kerala on 8 June, 2022
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
--------------------------------------------
W.P.(C.) No. 17862 of 2022
--------------------------------------
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
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.
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
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
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
