IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16259 of 2010(F) PETITIONER(S): V.M.HALEEMA,D/O.VALIYAKATHU MUHAMMED, AGED 59 YEARS, MANAGER, R.I.LP.SCHOOL, EDATHIRINJI, THRISSUR DISTRICT - 680122. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): 1. THE STATE OF KRALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. 6. THE TEACHIER - IN- CHARGE, R.I.L.P. SCHOOL, EDATHIRINJI, THRISSUR DISTRICT-680122. 7. SMT.SREEDEVI RAJESH,FORMER PRESIDENT, PARENTS TEACHERS ASSOCIATION,R.I.L.P.SCHOOL, EDATHIRINJI,THRISSUR - 680122, (RESIDING AT CHAKKALAPARAMBIL HOUSE, P.O.EDATHIRINJI, THRISSUR - 680122) GOVT.PLEADER SRI.DILIP MOHAN -R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16259 OF 2010 -------------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The petitioner is the Manager of R.I.L.P School, Edathirinji. Ext.P2 would show that the Assistant Engineer has granted fitness certificate to the building wherein the school is presently functioning, after due inspection. However, on receipt of certain complaints regarding the fitness of the building, the fifth respondent directed the petitioner to rectify the defects. As noticed hereinbefore, Ext.P2 certificate was issued by the competent authority after conducting inspection of the building in question and therefore, according to the petitioner the order issued by the fifth respondent is liable to be interfered with. The petitioner has filed Ext.P5 series of objections against Ext.P4 order before respondents 2 to 4. The main contention raised therein is that the Assistant Educational Officer has no authority or technical know-how to ascertain the fitness of the building and the Assistant Engineer of the Local Self Government Department is the competent authority to look into the said aspect. It is the petitioner's contention that Ext.P2 has been issued by the competent authority after due inspection. Since the matter is now pending before the second W.P.(C) NO.16259/2010 2 respondent, I am inclined to dispose of this Writ Petition with a direction to the second respondent to consider and pass orders on Exts.P5 (a), (b) and (c) objections filed by the petitioner against Ext.P4. It is made clear that the second respondent will be free to cause inspection of the site in question to ascertain the fitness of the building, in accordance with law. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment with notice to the petitioner. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16259/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.16259 /2010 JUDGMENT 27th May, 2010 W.P.(C) NO.16259/2010 4