IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 327 OF 2009 MRS. CLARA TOLENTINA FERRAO ... Petitioner Versus THE STATE OF GOA THROUGH CHIEF SECRETARY AND 5 ORS., ... Respondents Mr. T. George John, Advocate for the Petitioner. Mr. S. A. Bandodkar, Addl. Government Advocate for Respondent Nos. 1, 2 & 4. Ms. N. S. Kankonkar, Advocate for Respondent No. 3. Mr. A. D. Bhobe, Advocate for Respondent No. 5 & 6. Coram:- SMT. V.K.TAHILRAMANI & R. M. SAVANT, JJ. Date:- 17th December, 2009 P.C. Heard. 2. The petitioner prays that appropriate action be taken against respondent No. 6, Mrs. Dominica Ferrao in relation to running of illegal school activity on the first floor of the building at H.No. 80/1, Par Vaddo, Assonora, Bardez, Goa. 3. The petitioner claims to be a social worker and a public spirited person and has filed this petition in the nature of Public Interest Litigation. However, the fact that the petitioner and respondent No. 6 are sisters-in-law and that there is a property dispute between them, has been suppressed in the petition. 4. There is a dispute between the petitioner and respondent no. 6 in relation to the property at H.No.80/1, Par Vaddo, Assonora, Bardez, Goa. The said property consists of a ground plus one floor structure in survey No. 11/15 of village Assonora. The petitioner is residing on the ground floor and respondent no. 6 is residing on the first floor of the same house. Occupancy Certificate was earlier obtained for the ground floor. Permission was even granted by the Village Panchayat to respondent No. 6 to start pre-primary school, on the ground floor. 5. The status report filed by Deputy Education Officer shows that the pre-primary school is being run on the first floor. The affidavit filed by the Village Panchayat clearly shows that N.O. C was granted to respondent No. 6 to start pre-primary school in the part of the house bearing No. 80/1, situated on the ground floor. However, on receipt of the complaint dated 3.3.2008, of the petitioner in relation to running of the pre-primary school on the ground floor, the Panchayat issued notice dated 7.5.2008 to respondent no. 6 to show-cause as to why the N.O.C.to run pre-primary school should not be withdrawn as the school was run on the first floor instead of the ground floor. The respondent No. 6 also made a complaint to the Village Panchayat that the petitioner was illegally occupying the ground floor of the house bearing No. 80/1. Hence, the Village Panchayat has issued show-cause notice to the petitioner to vacate the ground floor of the house. 6. By Order dated 1.12.2009 this Court granted time to respondent No. 6 to apply for Occupancy Certificate for first floor as well as registration for pre-primary school. The respondent No. 6 has preferred an application to the Village Panchayat. Ms. N. Kankonkar appearing for Village Panchayat states that such an application has indeed been received by them and they will process the same in accordance with law. As far as pre-primary school is concerned, it may be stated that only registration is necessary and respondent No. 6 has already preferred an application for registration. As far as registration of the school is concerned, the learned Addl. Government Advocate states that the same has been received and it would be processed alongwith other applications, in accordance with law. 7. In view of the above facts, no further orders are necessary. Writ Petition disposed of. No order as to costs. SMT. V.K.TAHILRAMANI, J. R. M. SAVANT, J. MF/-