IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 33391 of 2001(A) ---------------------------------- PETITIONERS: --------------------- 1. GOVT. MAPILA L.P. SCHOOL SAMRAKSHANA SAMITHI, MANGALAM POST, MANGALAM, REPRESENTED BY ITS SECRETARY, C. MUHAMMED, TIRUR, MALAPPURAM DISTRICT. 2. M. SAIDALAVI, PRESIDENT, PARENT TEACHERS ASSOCIATION, GOVT. MAPILA L.P. SCHOOL, MANGALAM POST, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.V.SURENDRA NATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 4. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 5. ASSISTANT EDUCATIONAL OFFICER, TIRUR EDUCATION SUB DISTRICT, TIRUR, MALAPPURAM DISTRICT. 6. THE HEAD MASTER, GOVT. MAPILA L.P. SCHOOL, MANGALAM POST, TIRUR, MALAPPURAM DISTRICT. O.P. NO. 33391/2001: 7. MANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANGALAM, TIRUR. 8. SMT. AMINA UMMA, W/O KUNHAPPU HAJI, RAMANADUKKAL, P.O. MANGALAM, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI, ADV. SRI.T.KRISHNAN UNNI, ADV. SRI.K.P.MUJEEB. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 33391/2001-A: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE AFFIDAVIT FILED BY THE A.E.O, TIRUR IN O.P. 19848/2000. EXT.P.2: COPY OF THE AFFIDAVIT FILED BY THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM IN O.P. NO. 19848/2000. EXT.P.3: COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS AGAINST EXT.P.1. & P2. EXT.P.4: COPY OF THE REPORT DTD. 29/09/2000 FILED BY THE A.E.O. EXT.P.5: COPY OF THE DETAILED COUNTER AFFIDAVIT FILED BY THE P.2. EXT.P.6: COPY OF THE INTERIM ORDER PASSED BY THE HONOURABLE HIGH COURT IN O.P. 19848/2000. EXT.P.7: COPY OF THE REPORT SUBMITTED BY THE ASST. EXECUTIVE ENGINEER DTD. 20/01/2001. EXT.P.8: COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION DTD. 20/01/2001. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANGALAM GRAMA PANCHAYATH DTD. 09/02/2001. EXT.P.10: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. 19848/2000. EXT.P.11: COPY OF THE REPRESENTATION BEFORE THE R.7 DTD 18/06/2001. EXT.P.12: COPY OF THE REPLY DTD. 27/06/2001. EXT.P.13: COPY OF THE REPRESENTATION BEFORE THE R.3. DTD. 20/06/01. EXT.P.14: COPY OF THE MASS REPRESENTATION BEFORE THE R.3. DTD. 04/08/2001. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.33391 of 2001-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008. JUDGMENT The petitioners are Government Mapila L.P. School Samrakshana Samithi and another. They are aggrieved by the inadequacies of the facilities of the school. The substantial prayer in the original petition is for a direction to the respondents to acquire the land in R.S. No.210/11 on which the school originally situated and to construct a new school building on the said land. 2. In the counter affidavit filed by the second respondent, it is stated in paragraph 5 that the Mangalam Panchayat had taken steps to purchase 10 cents of land from one Shri A.P. Aboobacker in R.S. No.216/18 in Mangalam amsom desom, 150 metres far from old school site, for construction of a new school building. The Government Pleader, on instructions, submits that the above land has already been purchased and a new building has been constructed and the school is now functioning there. Therefore, the original petition is closed recording the above submission and leaving open the remedies of the petitioners to resort to appropriate action in case of any eventuality in future. (T.R. Ramachandran Nair, Judge.) -2- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.33391 of 2001-A - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th January, 2008.