Biju Paul vs The Department Of General Education
2024 Latest Caselaw 26331 Ker

Citation : 2024 Latest Caselaw 26331 Ker
Judgement Date : 3 September, 2024

Kerala High Court

Biju Paul vs The Department Of General Education on 3 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) NO. 27960 OF 2024             1

                                               2024:KER:66489
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

    THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED

                            MUSTAQUE

                                &

                THE HONOURABLE MR. JUSTICE S.MANU

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                     WP(C) NO. 27960 OF 2024

PETITIONER/S:

         BIJU PAUL
         AGED 51 YEARS
         S/O K V PAULOSE,
         KAPPIATTTEAL HOUSE,
         MAMALASSERY,
         RAMAMANGALAM,
         PIRAVOM,
         ERNAKULAM,
         PIN - 686663


         BY ADV K.R.PRATHISH


RESPONDENTS:

    1    THE DEPARTMENT OF GENERAL EDUCATION
         2ND FLOOR,
         SECRETARIAT ANNEX,
         THIRUVANANTHAPURAM P.O.
         THIRUVANATHAPURAM,
         REPRESENTED BY ITS SECRETARY,
         PIN - 695001

    2    THE DISTRICT COLLECTOR
         COLLECTORATE, KAKKANAD,
         ERNAKULAM, PIN - 682030
 WP(C) NO. 27960 OF 2024                2

                                                        2024:KER:66489

    3    ERNAKULAM DISTRICT PANCHAYT
         NEAR AIRPORT RD, CIVIL STATION,
         THRIKKAKARA, KAKKANAD,
         KOCHI, REPRESENTED BY ITS SECRETARY,
         PIN - 682030

    4    THE DEPUTY DIRECTOR OF EDUCATION
         CIVIL STATION, KAKKANAD P.O.
         ENAKULAM, PIN - 682030

    5    DISTRICT EDUCATION OFFICER
         DEO OFFICE, T.B. JUNCTION,
         NEAR SIVAN KUNNU HS MUVATTUPUZHA,
         PIN - 686661

    6    RAMAMNGALAM GRAMA PANCHAYT
         POLICE STATION PADY,
         RAMAMANGALAM, KERALA
         REPRESENTED BY ITS SECRETARY,
         PIN - 686663

    7    GOVERNMENT HIGHER SECONDARY SCHOOL
         MAMMALASSERY, ERNAKULAM
         REPRESENTED BY ITS PRICIPAL,
         PIN - 686663

    8    THE PRINCIPAL
         GOVERNMENT HIGHER SECONDARY SCHOOL
         MAMMALASSERY,ERNAKULAM, PIN - 686663

    9    PARENT TEACHER ASSOCIATION
         GOVERNMENT HIGHER SECONDARY SCHOOL
         MAMMALASSERY, KERALA
         REPRESENTED BY ITS PRESIDENT,
         PIN - 686663

         BY ADV JIBU P THOMAS
         SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024,   THE   COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 27960 OF 2024                               3

                                                                            2024:KER:66489
                                  JUDGMENT

A.Muhamed Mustaque, Acg.C.J.

This public interest litigation was filed seeking the

following reliefs;

i) Issue a Writ of mandamus or any other Writ, Order or Direction, restraining the respondents 7 and 8 from constructing 'Varnakoodaram' of SSK project or such other constructions without the permission of the 3rd respondent with in the playground of the 7th respondent school;

ii) Issue a writ of mandamus directing the Respondent Nos.1 and 2 to consider the Ext.P2 and Ext.P5 complaint and take necessary steps to demolish the unauthorized constructions made by the 8th respondent in the playground of the 7 th respondent school.

iii) Issue a writ of mandamus directing the Respondent No.8 to take necessary steps to comply the order of the 3rd respondent District Panchayat to remove the unauthorized constructions in the playground of the 7th respondent school.

iv) dispense with filing of the translation of Malayalam documents produced in the above writ petition as Ext.P2 to Ext.P6.

v) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case."

2024:KER:66489 It is to be noted that Ext.P2 complaint has been filed

before the Director of General Education regarding the

conversion of a playground for the establishment of a

'Varnakoodaram'. It is stated in the complaint and in the writ

petition that the 'Varnakoodaram' was established without

obtaining formal approval from any competent authority. Since

the complaint is pending before the Director of the General

Education Department, it is appropriate for the Director to

consider the complaint after issuing notice to all concerned

within a period of three months.