IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25357 of 2010(T) -------------------------- PETITIONER(S): --------------- T.VALSARAJAN, S/O.NARAYANAN, AGED 52 YEARS, LAKSHMI, PULLUKUNNU ROAD, VYDRANGADI, RAMANATTUKARA, KOZHIKODE. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, FAROOK, KOZHIKODE DISTRICT. GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 25357 of 2010 ================== Dated this the 12th day of August, 2010 J U D G M E N T The petitioner is a landlord of a property in which a Government Lower Primary School is being run by the Government. According to the petitioner, the school is uneconomic and there are many schools within the same locality. The petitioner further submits that the school building is in a dilapidated condition and is not safe to conduct the school. The petitioner, therefore, wants the Government to close down the school and hand over possession of the same to him. The petitioner earlier approached this Court by filing W.P.(C).No.11531/ 2010. By Ext.P5 judgment, this Court directed the Government to consider the petitioner's representation in this regard. Pursuant thereto, Ext.P7 order has been passed by the Government rejecting the contentions of the petitioner. The petitioner challenges Ext.P7 order in this writ petition. I am of opinion that in the guise of closing down the school as uneconomic, the petitioner actually wants repossess the property terminating the lease in favour of the Government. For such eviction, on appropriate grounds, the petitioner has to approach the civil court for appropriate remedy. The question as to whether a school is uneconomic and is to be closed down is a policy decision of the Government, in which, the petitioner cannot have any say. Therefore, I do not find any merit in the challenge against Ext.P7 order. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2