IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17136 of 2011(N) -------------------------------- PETITIONER: -------------- MANAGER, MANNAR CHURCH M.D.L.P.SCHOOL, DR.KURIAKOSE MAR SEVARIOS VALIYA METROPOLITAN, RESIDING AT MAR APREM SEMINARY, CHINGAVANAM, KOTTAYAM DISTRICT. BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY RAVISHANKAR RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001. 2. RETURNING OFFICER, (SUB COLLECTOR), THIRUVALLA – 689 101. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA – 689 101. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17136/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ROUGH SKETCH SHOWING THE CHURCH AND L.P. SCHOOL BUILDINGS. EXT. P2 : COPY OF GOVT. ORDER No.3730/10 DTD. 19.8.10. EXT. P3 : COPY OF GOVT. ORDER No.184/11 DTD. 13.1.11. EXT. P4 : COPY OF ORDER No.C1-643/11 DTD.28.3.11. EXT. P5 : COPY OF JUDGMENT DTD. 31.3.11 IN WP(C) 10395/11 OF THIS COURT. EXT. P6 : COPY OF ORDER No.C1-643/11 DTD. 1.4.11 ISSUED BY R3. EXT. P7 : COPY OF APPLICATION DTD. 22.3.11. EXT. P7(a) : COPY OF FITNESS CERTIFICATE DTD. 15.6.11. EXT. P8 : COPY OF SHOW CAUSE NOTICE DTD. 11.4.11 ISSUED BY R3. EXT. P9 : COPY OF REPLY DTD. 18.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17136 OF 2011 --------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T The petitioner is the Manager of Mannar Church M.D.L.P.School and Arch Bishop and Metropolitan of Syrian Knanaya Archdiocese. The challenge is against Ext.P8 show cause notice issued by the 3rd respondent. 2. The school in question is a Lower Primary one. It is pointed out that the portion of the projected area of the building towards north-east was in a dilapidated condition. The petitioner in these circumstances approached the Government and the Government accorded sanction as per Ext.P2 order, and a modified order has also been passed as per Ext.P3. It so happened that the school building was being used as a polling booth and before the election, the petitioner was served with Ext.P4 communication by the Returning Officer not to demolish the building. Thereafter, the petitioner approached this Court by filing W.P.(C) No.10395/2011 which was disposed of by Ext.P5 W.P.(C) No.17136/2011 2 judgment. 3. It is pointed out by the petitioner that after the judgment was rendered and in accordance with the directions therein, proceedings have been issued by the Sub Collector, Thiruvalla as evident from Ext.P6. Certain directions were issued with regard to the construction also and the petitioner has obtained the Fitness Certificate. A copy of the said certificate has been produced as Ext.P7(a). 4. Ext.P8 show cause notice is dated 11.04.2011. It is pointed out that the same was served on the petitioner only one week back and the petitioner immediately filed a reply as per Ext.P9. It is also pointed out that the 2nd respondent has not considered the real facts before the issuance of show cause notice. Since the petitioner has already furnished a reply to the show cause notice as per Ext.P9, it is upto the 2nd respondent to consider the matter in the light of the directions issued in Ext.P5 judgment as well as the proceedings of the Sub Collector as per Ext.P6. Appropriate orders will be passed, after hearing a W.P.(C) No.17136/2011 3 representative of the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Further action pursuant to the show cause notice will be kept in abeyance till orders are passed. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp