Kerala High Court
Thengatt Ummer Hajee vs State Of Kerala on 3 January, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 9549 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 9549 OF 2013
PETITIONER/S:
THENGATT UMMER HAJEE
S/O. LATE MOHAMMED HAJEE, MANAGER AIDED UPPER
PRIMARY SCHOOL, CHELARI, VELIMUKKU-676317,
MALAPPURAM DISTRICT.
BY ADV SRI.T.M.ABDUL LATHEEF
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM-695001.
3 SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-
695001.
4 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695001.
5 ASSISTANT EDUCATIONAL OFFICER
PARAPPANANGADI, MALAPPURAM-676505.
6 DISTRICT COLLECTOR
MALAPPURAM-676505.
7 THE SPECIAL DEPUTY COLLECTOR SPECIAL LAND
ACQUISITION OFFICER
WP(C) NO. 9549 OF 2013 2
N.H.D.P., THRISSUR - 680 001.
8 THE SECRETARY TO GOVERNMENT
MINISTRY OF SURFACE TRANSPORT, GOVERNMENT OF INDIA,
NEW DELHI - 110 001.
9 MUNNIYOOR GRAMAPANCHAYAT
REPRESENTED BY THE SECRETARY, MUNNIYOOR, MALAPPURAM
DISTRICT.
BY ADVS.
GOVERNMENT PLEADER
SRI.R.RAMADAS
OTHER PRESENT:
SRI RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 9549 OF 2013 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 9549 of 2013
--------------------------------------
Dated this the 4th day of January, 2024
JUDGMENT
This writ petition is filed with following prayers :
"(i) To call for the records relating to Exts.P1 to P10 and
Exts.P12 and P13 and to issue a writ of certiorari quashing
Ext.P8 refusing the grant of building permit to the petitioner
for constructing building in Ext.P13 property owned by the
petitioner.
(ii) To issue a writ of mandamus commanding the
Respondents to grant permission to the Petitioner to
construct school building in Ext.P-13 property without
insisting of 6 Meters width road and holding that the road
access as provided under the Kerala Education Rules is
sufficient;
(iii) Any other appropriate, writ, order or direction also
may be granted to meet out justice under the circumstances
of the above case.
(iv) To issue any writ, order or direction declaring that
table 3 of Rule 37 providing different width access to group
(B) occupancies, i.e. Educational Institutions, by including
elementary schools also as falling under Group (B), as
unconstitutional and illegal and opposed to law and liable to
be declared as ultra vires as it is opposed to the actual object
to which the Act itself is enacted." [SIC]
2. When this writ petition came up for consideration on
an earlier occasion on 15.06.2016, this Court passed the
following order.
"The petitioner seeks for shifting the school on the ground
that the building is in a dilapidated condition and that during
rains, it may collapse putting the life and limb of children in
jeopardy. The Director of Public Instructions has also
recommended the shifting. The Joint Secretary to
Government, General Education (F) Department,
Government Secretariat, Thiruvananthapuram is said to have
taken charge only yesterday (14.06.2016). Considering the
expediency required, the Joint Secretary shall consider the
issue at any rate, within a period of two weeks from today,
after looking into the report of the Director of Public
Instructions, which the petitioner shall produce before the
Joint Secretary to Government. The petitioner shall appear
before the Joint Secretary to Government, or 21.06.2016 at
11 am."
3. Based on the above order, it is submitted that
consequential order is passed by the authority concerned
granting shifting of the school. If that is the case, there is
nothing survives in this case. Hence, recording the order
dated 15.06.2016, this Writ Petition is disposed of. If there is
any surviving grievance, the petitioner is free to approach this
Court with fresh writ petition. All other contentions are left
open.
With the above observation, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 9549/2013
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE NOTIFICATION
APPEARED IN MALAYALA MANORAMA DAILY DATED
23-2-12
EXT.P2 TRUE COPY OF THE ORDER NO.
49249/F2/2000/P. EDN. DATED 13-3-2001 OF
THE FIRST RESPONDENT.
EXT.P3 TRUE COY OF THE LETTER DATED 1-10-
11 OF THE PRESIDENT OF THE MOONNIYUR GRAMA
PANCHAYAT ALONG WITH ITS RESOLUTION NO.
12(60
EXT.P4 TRUE COPY OF THE REQUEST DATED 1-
10-11 SUBMITTED BY THE PETITIONER BEFORE
THE HONOURABLE MINISTER FOR EDUCATION.
EXT.P5 TRUE COPY OF THE DATED 1-10-11
SUBMITTED BY THE PARENTS-TEACHERS
ASSOCATION BEFORE THE 6TH RESPONDENT.
EXT.P6 TRUE COPY OF THE REQUEST DATED
2203012 SUBMITTED BEFORE THE HONOURABLE
CHIEF MINISTER OF KERALA BY ADVT. K. A
KHADER, K.L.A.
EXT.P7 TRUE COPY OF THE PETITION DATED
2201012 SUBMITTED BY THE PETITIONER BEFORE
THE HONOURABLE MINISTER FOR EDUCATION.
EXT.P8 TRUE COPY OF THE LETTER NO.
64771/R.D.1/2011 LOCL. ADM. DEPT. DATED
23-2-12 ISSUED BY THE 2ND RESPONDENT TO
THE PRESIDENT, MOONNIYUR GRAMA PANCHAYAT.
EXT.P9 TRUE COPY OF THE PETITION DATED 21-
3-12 SUBMITTED BY THE PETITIONER BEFORE
THE HONOURABLE CHIEF MINISTER OF KERALA.
EXT.P10 TRUE COPY OF THE APPEAL DATED 27-
3-12 SUBMITTED BY THE PETITIONER BEFORE
THE HONOURABLE MINISTER FOR LOCAL SELF
INSTITUTION.
EXT.P11 TRUE COPY OF THE JUDGMENT DATED
PASSED BY THIS HONOURABLE COURT IN WPC NO.
12801 OF 2000 DATED 20-6-2008.
EXT.P12 TRUE COPY OF THE PETITION DATED
26-2-13 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT.
EXT.P13 TRUE COPY OF THE SALE DEED NO.
2113 OF 2001 DATED 19-6-2001.
EXT.P14 TRUE COPY OF THE SALE DEED NO.
1071 OF 2002 DATED 9-4-2002.
EXT.P15 TRUE COPY OF THE SALE DEED NO.
1690 OF 2005 DATED 29-3-2005.
