IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 22507 of 2008(D) -------------------------- AGAINST THE ORDER IN IA 373/2008 IN OS.1/2006 of I ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER: ------------ OACHIRA PARABRAHAM TEMPLE BHARANA SAMITHI, REPRESENTED BY ITS SECRETARY K. BHARGAVAN. BY ADV. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR SMT.LALIZA.T.Y. RESPONDENTS: ------------- 1. N.R. RAJENDRAN, NADASSERI VEEDU, THEKKU KOCHUMURI, OACHIRA. 2. S.JAYAPRAKASH, KALARIKKAL, KADATHOOR K.S. PURAM P.O. 3. C.HARIKUMAR, PADANILATHU, CHERUVALLY, THEKKUKOCHU MURI, OACHIRA. 4. PUSHPADAS, CHAITHANYA, CHERAVALLY, KAYAMKULAM, 5. ASHOK KUMAR, CHATHAVANA, MADATHILL KARAZHMA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22507 of 2008 ------------------------------- Dated this the 7th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to quash Ext.P5 order passed by Additional District Court, Kollam, in I.A.No.373 of 2008 in O.S.No.1 of 2006. Petitioner filed I.A.No.373 of 2008 for permission to carry out construction of a building to enable the running of nursing school. Learned District Judge under Ext.P5 order rejected the permission sought holding that all legal formalities for an election of the managing committee of Oachira Parabrahma Temple Bharana Samithi is taken and at the belated stage, permission cannot be granted to spend crores for construction of the new building, as there is likelihood of corruption. 2. Learned counsel appearing for the petitioner produced a copy of the notification issued by the Indian Nursing Council, Combined Councils Building, Kotla Road, Temple Lane, New Delhi, dated, 8.6.2007, whereunder, it is notified that all the Nursing Training Institutions should have its own building within 31st March, 2008, as otherwise Indian Nursing Council will not give permission to W.P.(C) No.22507 of 2008 2 admit students for the academic year 2008-09. The learned counsel argued that if the building is not permitted to be constructed, students cannot be admitted to the Nursing School, and hence, permission is to be granted. The learned counsel also pointed out that a retired District Judge was appointed as the Returning Officer and the retired Judge can be directed to supervise the work also, and in such circumstances, permission is to be granted. 3. In view of the submission of the learned counsel, petitioner is permitted to move the District Court, Kollam, for permission afresh, based on the notification which was not made available to that court earlier. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.