Abdurahiman M.K vs State Of Kerala
2022 Latest Caselaw 7263 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
           Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
                         WP(C) NO. 20404 OF 2022(A)
PETITIONER:

     ABDURAHIMAN M.K, S/O. IMBICHIMAMMAD, MANAGER, A.M. UP SCHOOL,
     PUNNASSERY P.O., NARIKKUNI (VIA), KOZHIKODE - 673 585.

RESPONDENTS:

  1. STATE OF KERALA REPRESENTED BY - CHIEF SECRETARY TO GOVERNMENT,
     SECRETARIAT, THIRIVANANTHAPURAM 695 001.
  2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
     THIRIVANANTHAPURAM - 695 001.
  3. SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM -
     695 033.
  4. CHIEF ENGINEER, LOCAL SELF-GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM
     - 695 033.
  5. DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695
     014.
  6. ASSISTANT EXECUTIVE ENGINEER, LID & EW SUB DIVISION, CHELANNUR BLOCK
     PANCHAYATH, KOZHIKODE - 673 616.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 6th respondent to issue the fitness certificate for
the newly construction made by the petitioner, pending disposal of the
Writ Petition.

     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.GEORGE ABRAHAM, JOSEPH GOPURAN & JOBY D JOSEPH, Advocates for the
petitioner and of GOVERNMENT PLEADER for R1 to R6, the court passed the
following:
      EXHIBIT P9:- TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT
DATED 15-02-2021.

     EXHIBIT P10:- TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.13177/2022
ORDER DATED 7TH APRIL 2022.
                      RAJA VIJAYARAGHAVAN V, J.
                    -------------------------------------
                     W.P.(C) No.20404 of 2022
                   -------------------------------------------
                 Dated this the 23rd day of June, 2022


                                   ORDER

The learned Government Pleader takes notice for respondents 1 to 6.

It is pointed out by the learned Government Pleader that the issue raised by

the petitioner herein is covered by a judgment rendered by this Court in

W.P.(C)No.7257 of 2012 dated 28.06.2016. It is also submitted that

connected writ petitions are pending and in one of those cases, a counter

affidavit has been filed and the same can be adopted in this case as well.

2. The above submission is opposed by Dr. George Abraham, the

learned counsel appearing for the petitioner. He refers to Ext.P10 order

passed by a coordinate Bench of this Court.

3. Having regard to the submissions advanced, as an interim

measure, there will be a direction to the 6th respondent to take up and

consider the application for issuance of fitness certificate and issue the same

without insisting on the payment of the fees as provided in Ext.P9 on the

condition that the petitioner pays a fee of Rs.1,000/- for consideration of the W.P.(C) No.20404 of 2022

application. It is made clear that the order is purely provisional and shall be

subject to the final outcome of the writ petition.

Post on 29.06.2022.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS

23-06-2022 /True Copy/ Assistant Registrar