IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 40566 of 2003(D) -------------------------------------- PETITIONER(S): ----------------------- SMT.M.PARUKUTY AMMA, AGED 72 YEARS, W/O.LATE RAMAN NAIR, MOOKANATH HOUSE, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT PANCHAYAT COMMITTEE, PALAKKAD, REPRESENTED BY ITS SECRETARY. 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT. 5. THE DISTRICT EDUCATION OFFICER, OTTAPPALAM. 6. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, PALAKKAD. 7. THE ASSISTANT ENGINEER (PUBLIC WORKS), DISTRICT PANCHAYAT WING, PATTAMBI. 8. THE HEADMISTRESS, GOVERNMENT HIGH SCHOOL, KODUMUNDA. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1, R2 &R4 TO R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 40566/2003-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DIRECTION OF THE 5TH RESPONDENT DATED 23/08/2001. EXT.P2: COPY OF THE LETTER OF THE 8TH RESPONDENT DATED 22/09/201. EXT.P3: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23/09/2001. EXT.P4: COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT IN O.P.NO.35035/2001 DATED 20/12/2001. EXT.P5: COPY OF THE NOTICE ISSUED BY THE PETITIONER'S COUNSEL ON 27/08/2002. EXT.P6: COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 24/09/2002. EXT.P7: COPY OF THE LETTER BY THE PETITIONER'S COUNSEL DATED 15/10/2002 FORWARDING COPY OF O.P.NO.35035/2001 TO THE 1ST RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 25/11/2002 ISSUED BY THE 8TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P9: COPY OF THE LETTER NO.E3/17116/03 DATED 04/04/2005 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P10: COPY OF THE LETTER NO.A1/7476/2001 DATED 02/06/2005 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.40566 of 2003 ---------------------------------------------- Dated 5th November, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “To shift the Lower Primary Section of the Government High School, Kodumunda, from the petitioner's building to the newly constructed Lower Primary Block in the compound of the Government High School, Kodumunda forthwith.” It is for the petitioner to approach the first respondent, in which case appropriate prompt action in the matter will be taken by the Government with notice to the petitioner. As far as the payment of rent is concerned, it is made clear that so long as the respondents are in occupation of the petitioner's building, they shall pay the rent within two months of its accrual and if not, the petitioner shall be entitled to get interest at 12% and the officers responsible for the delay shall be personally liable for the same. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.40566 of 2003 ---------------------------------------------- J U D G M E N T Dated 5th November, 2008.