IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24862 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. MANAGER, VENGAYIL KANAYI L.P.SCHOOL, P.O.KANAYI, PAYYANNUR. 2. MANAGER, MANOHARAVILASAM L.P.SCHOOL, P.O.THILLENKERI. 3. MANAGER, P.P.RAGHAVAN MEMORIAL U.P.SCHOOL, P.O.MUZHAKKUNNU. 4. MANAGER, VELLARVALLY L.P.SCHOOL, P.O.VELLARVALLY. 5. MANAGER, KELALUR U.P.SCHOOL, P.O.MAMBARAM. 6. MANAGER, PONNIAM WEST L.P.SCHOOL, P.O.PINNIAM. 7. MANAGER, PERUMACHERY A.U.P.SCHOOL, P.O.KOLACHERI. 8. MANAGER, PERUL U.P.SCHOOL, P.O.M.M.BAZAR. 9. MANAGER, KAYARALAM A.U.P.SCHOOL, P.O.KAYARALAM. 10. MANAGER, THAVAROOL A.L.P.SCHOOL, P.O.CHENGALAI. 11. MANAGER, KOODALI U.P.SCHOOL, P.O.KOODALI. WP(C).No. 24862 of 2009(C) 12. MANAGER, NANIYOOR NAMBRAM, HINDU A.L.P.SCHOOL, KAYARALAM. 13. MANAGER, MULLOOL L.P.SCHOOL, P.O.PATTUVAM. 14. MANAGER, POONAMGODE A.L.P.SCHOOL, P.O.KOOVERI. 15. MANAGER, KADANNAPPALLI EAST L.P.SCHOOL, P.O.KADANNAPPALLI. 16. MANAGER, ATHIYADAM L.P.SCHOOL, P.O.SREESTHA, PIN.670 303. 17. MANAGER, CHEDICHERY A.L.P.SCHOOL, P.O.MALAPPATTOM. 18. MANAGER, KAMALA NEHRU A.U.P.SCHOOL, VALAPATTANAM. 19. MANAGER, MULLAKKODI MOPILA L.P.SCHOOL, P.O.MULLAKKODI. 20. MANAGER, KAVUMBHAGAM SOUTH U.P.SCHOOL, P.O.KAVUMBHAGAM. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR SUB DISTRICT, KANNUR DISTRICT. WP(C).No. 24862 of 2009(C) 5. ASSISTANT EDUCATIONAL OFFICER, IRITTY SUB DISTRICT, KANNUR DISTRICT. 6. ASSISTANT EDUCATIONAL OFFICER, THALASSERI (NORTH) SUB DISTRICT, KANNUR DISTRICT. 7. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA (SOUTH) SUB DISTRICT, KANNUR DISTRICT. 8. ASSISTANT EDUCATIONAL OFFICER, IRIKKOOR SUB DISTRICT, KANNUR DISTRICT. 9. ASSISTANT EDUCATIONAL OFFICER, MATTANNUR SUB DISTRICT, KANNUR DISTRICT. 10. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA (NORTH), SUB DISTRICT, KANNUR DISTRICT. 11. ASSISTANT EDUCATIONAL OFFICER, MADAI SUB DISTRICT, KANNUR DISTRICT. 12. ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY SUB DISTRICT, KANNUR DISTRICT. GOVERNMENT PLEADER, SHRI K.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24862 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2009. JUDGMENT The petitioners are managers of various schools. They are aggrieved by Exts.P3, P4 and P5 whereby, as far as the pre-K.E.R. buildings are concerned, the Government has directed to replace the same with new building. 2. The said orders were under challenge in other writ petitions by similarly placed managers which have been disposed of by a Division Bench of this court in Manager (Vengeri A.U.P. School) v. State of Kerala (ILR 2009 (2) Ker. 884.) After considering the matter in detail, it was held thus in para 10: “In the result, the impugned circulars Exts.P3 to P5 in this Writ Petition and Ext.P7 in W.P.(C) No.15274/2008 to the extent they stand in the way of using pre-KER building, which are strong and unenforcible. It is clarified that the various other directions in the impugned orders/letters/circulars, concerning the steps to be taken for the safety of the students and teachers and demolition of unsafe buildings, are not interfered with. In view of our above finding, the concerned Engineer (going by the materials on record we find it is the Assistant Engineer of the Local Self Government Department W.P.(C) No.24862/09 2 having jurisdiction over the area) is directed to inspect the schools of the petitioners immediately and decide whether they are entitled to get fitness certificates for their pre-KER buildings, so that they could house the class divisions in them. This, the said officer shall do within two weeks from the date of production of a copy of this judgment and the results shall be communicated to the Managers forthwith.” 3. In the light of the above, the petitioners are entitled to succeed in the writ petition. It is submitted by the learned counsel for the petitioners that fitness certificates have been issued except in the case of petitioners 8 and 9. Therefore, in respect of those schools, the concerned Engineer of the Local Self Government Department will conduct an inspection and issue a fresh certificate, so that they can produce it before the authorities concerned. Follow up actions will be taken by the departmental authorities in terms of the above directions. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/