IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 17104 of 2011(K) -------------------------------- PETITIONER: -------------- V.YOOSUF,AGED 72 YEARS,VATTACHALIL HOUSE,KANNOORKKARA PO, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------------ 1. STATE OF KERALA,REP.BY SECRETARY DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, SECRETARIAT-E, THIRUVANANTHAPURAM 695 001. 3. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF D.D EDUCATION,KOZHIKODE 673 001. 4. DISTRICT COLLECTOR,COLLECTORATE, KOZHIKODE 673 001. 5. ASSISTANT EDUCATION OFFICER, OFFICE OF AEO,CHOMBALA PO,AZHIYOOR, KOZHIKODE 673 001. 6. ONCHIYAM GRAMA PANCHAYAT,REP.BY ITS SECRETARY,PANCHAYAT OFFICE,MADAPPALLY COLLEGE PO, VADAKARA TALUK, KOZHIKODE 673 001. WP(C).No. 17104/2011(K) 7. SECRETARY,ONCHIYAM GRAMA PANCHAYAT, PANCHAYAT OFFICE, MADAPPALLY COLLEGE PO, KOZHIKODE 673 001. 8. GOVERNMENT MOPILA JUNIOR BASIS SCHOOL, ONCHIYAM,REP.BY AEO ITS OFFICE OF AEO, CHOMBALA PO, AZHIYOOR, KOZHIKODE DISTRICT 673 005. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17104/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF LETTER DTD. 25.10.10 SENT BY PETITIONER TO R3. EXT. P2 : COPY OF RESOLUTION OF R6. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17104 OF 2011 --------------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T The petitioner is the owner of a building in which Government Mopila Junior Basic School, Onchiyam is functioning. He is aggrieved by the non shifting of the school because of depletion of student strength. 2. According to the petitioner, there are only 13 students studying in four divisions. It is pointed out that within a distance of 150 metres, another Government L.P. School is also there and even though the school was started in 1921, because of the establishment of nearby schools, evidently the students strength has depleted considerably. 3. It is pointed out that the petitioner has been requesting for closing down the school and to give vacant possession of the building to the petitioner. The present rent of the building is only W.P.(C) No.17104/2011 2 Rs.471/- per month. Ext.P1 is the petition filed by the petitioner before the Deputy Director of Education and Ext.P2 is the resolution of the Local Panchayath pointing out the dilapidated condition of the school building. The resolution evidences the fact that the Panchayath is not willing to issue Fitness Certificate through the Engineer concerned. 4. As per the directions of this Court, the 5th respondent has filed a statement. It is pointed out that the school has obtained Fitness Certificate in the academic year 2009-2010. A joint committee was constituted by comprising of Parent Teachers Association, School Supporting Group, Educational Development Committee and local public which prepared an estimate to the effect repairs and maintenance in the year 2009. Thereafter, Fitness Certificate was obtained after doing necessary repairs and maintenance. 5. For the next year namely, 2010-2011, the repairs could not have been completed because of the objections of the petitioner and the same is the reason for not obtaining the Fitness Certificate. The statement also evidences the fact that W.P.(C) No.17104/2011 3 the petitioner did not seek hike of rent so far. It is also stated in the statement that the school was established in the year 1921 and now only 17 students are studying there and the nearest school is situated at a distance of 200 metres. 6. Whether the school has to be shifted or not is a matter for consideration by the appropriate authorities and it may not be for this Court at this stage to issue a direction as such. 7. Learned counsel for the petitioner objected to the observations made in paragraph 2 of the statement filed by the 5th respondent. Having regard to various aspects, I am of the view that the same was not required for the purpose of determination of the issues raised by the petitioner herein. Therefore, the same is expunged. There will be a direction to the Deputy Director of Education to transmit the representation of the petitioner to the Government for consideration and the 1st respondent will take a decision in the matter, after hearing the petitioner, other functionaries like PTA, Local Panchayath and any other person interested in the matter, within a period of four months from the W.P.(C) No.17104/2011 4 date of receipt of a copy of this judgment. The Deputy Director of Education will forward the representation along with his report to the Government within a period of one month. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp