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Jabir N vs State Of Kerala
2025 Latest Caselaw 1803 Ker

Citation : 2025 Latest Caselaw 1803 Ker
Judgement Date : 31 July, 2025

Kerala High Court

Jabir N vs State Of Kerala on 31 July, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                          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.
                                               2025:KER:57536
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:
                                                                2025:KER:57536
W.P.(C) No.16322/2025
                                       :3:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.16322 of 2025

          `````````````````````````````````````````````````````````````
                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.

2025:KER:57536

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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