IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 26599 of 2010(Y) -------------------------- PETITIONER: ---------- THE MANAGER, SREE SETHU PARAVATHI BHAI HIGH SCHOOL, KADAKKAVOOR,THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN SRI.AJAYAN K.N. SRI.VINAYAKUMARI I. RESPONDENTS: ----------- 1. KADAKKAVOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADAKKAVOOR P.O., THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, KADAKKAVOOR GRAMA PANCHAYATH, KADAKKAVOOR P.O., THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, ATTINGAL,THIRUVANANTHPAURAM. 4. KADAKKAVOOR GRAMA PANCHAYTH COMMITTEE, REPRESENTED BY ITS PRESIDENT, KADAKKAVOOR P.O., THIRUVANANTHPAURAM. BY ADV. SRI.M.BALAGOVINDAN FOR R1 G.P. SRI. RAFEEQUE V.K. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SP WP(C).No. 26599 of 2010(Y) APPENDIX PETITIONER'S EXHIBITS:- 1. EXT. P1 - COPY OF THE ORDER DATED 08/02/2010 OF THE GOVERNMENT. 2. EXT. P2 - COPY OF THE ORDER OF THE DEO DATED 06/10/2008. 3. EXT. P3 - COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE GRAMA PANCHAYATH 4. EXT. P4 - COPY OF THE RECEIPT DATED 14/01/2010. 5. EXT. P5 - COPY OF THE CITE PLAN OF THE CONSTRUCTION. 6. EXT. P6 - COPY OF THE FITNESS CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 05/03/2009. 7. EXT. P7 - COPY OF THE JUDGMENT DATED 27/05/2010 IN WP(C) NO: 16224/2010. 8. EXT. P8 - COPY OF THE COVERING LETTER DATED 07/06/2010. 9. EXT. P9 - COPY OF THE LETTER DATED 28/06/2010 OF THE FIRST RESPONDENT. 10. EXT. P10 - COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT DATED 12/07/2010. 11. EXT. P11 - COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE KADAKKAVOOR GRAMA PANCHAYATH. RESPNDENTS' EXHIBIT: NIL //TRUE COPY// P.A. TO JUDGE. SP HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 26599 OF 2010 ------------------------------- DATED THIS THE 20TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed seeking to quash Ext.P9 and for a direction commanding respondents 1 and 2 to issue fitness certificate to the rest of the 12 class rooms reconstructed after demolishing the existing building as approved in Ext.P2 order. 2. Petitioner is the Manager of the Sree Sethuparvathy Bhai Aided High School. Petitioner submits that fitness certificate was issued for three class rooms as evidenced by Ext.P10. But in respect of 12 class rooms no fitness certificate was issued so far. In the said circumstances, the petitioner submitted Ext.P11 representation before the Secretary of the Panchayat. 3. When the matter is taken up for consideration today, the learned counsel or the petitioner submits that Ext.P11 representation is pending consideration before the Panchayat Secretary and requests this Court to direct the Panchayat Secretary to consider and dispose of -2- W.P.(C).No.26599/2010 Ext.P11 within a time frame. 4, In the facts and circumstances of the case, this writ petition is disposed of with a direction to the Secretary of the Grama Panchayat to consider Ext.P11 representation and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID, JUDGE. kcv.