Citation : 2025 Latest Caselaw 1803 Ker
Judgement Date : 31 July, 2025
2025:KER:57536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
WP(C) NO. 16322 OF 2025
PETITIONERS:
1 JABIR N
AGED 43 YEARS, S/O. MARAKKAR HAJI,
NJARAKATTU, KARINGAPPARA, OMACHAPPUZHA PO,
OZHUR, MALAPPURAM DISTRICT, PIN - 676320.
2 SARFUDHEEN
AGED 44 YEARS, S/O. RAYIMMU,
MENATTIL HOUSE, KARINGAPPARA,
OMACHAPPUZHA PO, OZHUR,
MALAPPURAM DISTRICT, PIN - 676320.
BY ADVS.
SRI.P.T.SHEEJISH
SHRI.P.P.RAVOOF
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
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W.P.(C) No.16322/2025
:2:
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SPORTS, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
3 THE PRINCIPLE SECRETARY OF THE EDUCATION
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
4 DISTRICT COLLECTOR MALAPPURAM
COLLECTORATE, MALAPPURAM DISTRICT,
PIN - 676505.
5 DISTRICT EDUCATION OFFICER
MALAPPURAM, OFFICE OF THE DISTRICT EDUCATION
DIRECTOR, CIVIL STATION, COLLECTORATE,
MALAPPURAM DISTRICT,, PIN - 676505.
6 DIRECTOR OF EDUCATION,
STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
7 SUB DISTRICT EDUCATION DIRECTOR
MALAPPURAM, OFFICE OF THE DISTRICT EDUCATION
DIRECTOR, CIVIL STATION, COLLECTORATE,
MALAPPURAM DISTRICT, PIN - 676505.
8 STATE OF KERALA
REPRSENTED BY THE CHIEF SECRETARY,
SECRETARIATE THIRUVANANTHPUARM,
PIN - 695001.
BY ADV.
SRI.RAJEEV JYOTHISH GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.16322/2025
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N. NAGARESH, J.
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W.P.(C) No.16322 of 2025
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Dated this the 31st day of July, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who are Presidents of Parent
Teachers Association and School Management Committee
of GUP School, Karingappara in Malappuram District, have
filed this writ petition seeking to direct the respondents to
take steps to carry out certain work after hearing the
petitioners.
2. The petitioners state that the School caters the
need of more than 1000 students. The School has a
playground with enough space for sports activities. At the
request of the PTA, the Panchayat Governing Body has
decided to renovate the School ground under the Rural 2025:KER:57536
Employment Guarantee Scheme and the said work is in
progress.
3. The petitioners learnt that the authorities are
proceeding with construction of a closed Sports Turf adjacent
to the School veranda which may cause difficulties to the
students for their academic activities. The petitioners
therefore informed the respondents that it will be ideal to
develop the School ground without constructing a closed
Sports Turf. Representations were submitted to respondents
3 to 7 in this regard. The execution of Sports Turf is intended
to spend huge amount of budget without any transparency.
The respondents are therefore compellable to carry out the
work only after hearing the petitioners, contend the
petitioners.
4. The 2nd respondent-State of Kerala filed counter
affidavit. A playground has been sanctioned to the School
under the "One Playground for One Panchayat" Project
floated by the Department of Sports and Youth Affairs. It
was consequent thereto that the construction of synthetic 2025:KER:57536
playground turf was commenced. As per the Scheme, 50%
of the fund will be issued from MLA ADS Scheme and 50%
will be borne by the Government.
5. When the PTA of the School expressed concerns,
those concerns were considered and modifications to the
plan were suggested and implemented. The work of the Turf
has to be completed immediately. The synthetic football turf
will not cause any inconvenience for the academic activities.
6. I have heard the learned counsel for the
petitioners and the learned Government Pleader
representing the respondents.
7. The synthetic turf is being constructed in the
School ground under a Government Project named "One
Playground for One Panchayat" floated by the Department of
Sports and Youth Affairs. The Government has decided to
construct synthetic football turf in the School ground taking
into consideration the larger interest of children and youth.
When the PTA expressed certain concerns, those concerns
were addressed and modifications were made to the plan.
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8. According to the 2nd respondent, almost 80% of
the work pertaining to the playground is over. Students
themselves have requested for construction of the
playground. In the circumstances, the petitioners cannot
insist that a synthetic football turf should not be constructed.
It is essentially a policy matter already decided by the
Government and School authorities.
In the circumstances of the case, I find no reason
to interfere. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/01.08.2025 2025:KER:57536
APPENDIX OF WP(C) 16322/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPH THAT SHOWS THE ACTUAL SITUATION OF THE SCHOOL GROUND OF GUP SCHOOL KARINGALARA Exhibit P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.03.2025 Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 28.03.2025 Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 28.03.2025 Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 28.03.2025 Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 7TH RESPONDENT DATED 28.03.2025 Exhibit P7 TRUE COPY OF THE POSTAL RECEIPTS REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.04.2025 Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPOSED PLAYGROUND CONSTRUCTION ON VARIOUS RELEVANT DATES Exhibit P9 TRUE COPY OF THE CONSTRUCTION PLAN Exhibit P10 TRUE COPY OF THE PROJECT ESTIMATE REPORT Exhibit P11 TRUE COPY OF THE MINUTES OF MEETING DATED 19.03.2025 ALONG WITH TRANSLATION
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