IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10395 of 2011(Y) -------------------------- PETITIONER : --------------- MANAGER, MANNAR CHURCH M.D.L.P.SCHOOL, DR.KURIAKOSE MAR SEVARIOS VALIYA METROPOLITAN, RESIDING AT MAR APREM SEMINARY, CHINGAVANAM, KOTTAYAM DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENTS: --------------- 1. ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, NEW DELHI. 2. CHIEF ELECTORAL OFFICER, KERALA, OFFICE OF THE ELECTION COMMISSION, THIRUVANANTHAPURAM. 3. DISTRICT ELECTORAL OFFICER, (DISTRICT COLLECTOR), COLLECTORATE, PATHANAMTHITTA. 4. RETURNING OFFICER (SUB COLLECTOR), THIRUVALLA. BY ADV. MR. MURALI PURUSHOTHAMAN, SC, ELECTION COMMISSION. BY GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 10395 OF 2011 ......................................................................... Dated this the 31st March , 2011 J U D G M E N T The petitioner is stated as aggrieved of Ext. P4 order passed by the 4th respondent/Returning Officer, whereby the petitioner has been required to restore the position of the building of the petitioner, a portion of which was demolished (in connection with the reconstruction proposed and permitted by the Government by virtue of Exts.P2 and P3), on or before 01.04.2011 in view of the fact that the building stands earmarked as a polling station for the election to the Legislative Assembly scheduled to be held on 13.04.2011. 2. The learned counsel for the petitioner submits that the petitioner is running an educational institution in the church compound and that the building concerned is very old and dilapidated, which made the petitioner to seek for permission of the Government for reconstruction, as contemplated under the W.P.(C) No. 10395 OF 2011 2 relevant provisions of the Kerala Education Act, which in fact has been considered and granted by the Government, as borne by Exts. P2 and P3. Pursuant to the said sanction, a portion of the building was caused to demolished, quite unfortunately forgetting the fact that the school had already been identified as a polling station. It is in the said circumstance, that Ext. P4 has been issued by the fourth respondent seeking to restore the position. 3. The learned counsel for the petitioner submits that, since a portion of the building has actually been demolished, it is not possible to restore the portion. However, in the alternative, it is pointed out that, as a measure of bonafides, the requisite area will be provided by the petitioner making it safe and secured by constructing a wall to the remaining portion of the building and that the 4th respondent could inspect the premises, so as to make it suitable for the purpose of conducting election. 4. Heard the learned Standing Counsel appearing for the Election Commission as well, who submits that the petitioner can file an application in this regard before the 4th respondent forthwith, on which event, the 4th respondent will inspect the W.P.(C) No. 10395 OF 2011 3 premises and make necessary suggestions. The counsel for the petitioner submits that the instruction will be given effect to and construction of the wall would be effected, so as to provide safety and security to the remaining portion of the building and the building will be handed over to the 4th respondent, at any rate, on or before 07.04.2011. 5. In the above circumstance, the petitioner is directed to give effect to the above undertaking made before this Court, subject to which, further proceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk