IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 10898 of 2009(F) --------------------------------------- PETITIONER(S): ------------------------- P.V.VIJAYAN NAMBIAR, MANAGER, ALP SCHOOL, VIJAYAMANDIRAM, CHEEMENI, P.O.CHEEMENI, KASARAGOD DISTRICT. BY ADV.MR.M.V.AMARESAN RESPONDENT(S): --------------------------- 1. SECRETARY, KANKOLE ALAPPADAMBA GRAMA PANCHAYATH, P.O.MATHIL, KANNUR DISTRICT. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATION OFFICER, PAYYANNUR. *ADDL.R4 TO R6 ARE IMPLEADED: R4. ARAYATH KOROTH BALACHANDRAN, S/O.LATE NARAYANAN NAMBIAR, SANDHYA NIVAS, KANKOLE VILLAGE, THALIPARAMBA, KANKOLE POST- 670 337, KANNUR DISTRICT. Kss ..2/- ...2..... WPC.NO.10898/2009 F R5. ARAYATH KORTOH SUMA, W/O.C.K.RAGHAVAN NAMBIAR, RAMCHAND NIVAS, KANKOLE VILLAGE, THALIPARAMBA, KANKOLE POST – 670 337, KANNUR DISTRICT. R6. ARAYATH KOROTH RAJAGOPALAN NAMBIAR, S/O.LATE NARAYANAN NAMBIAR, SOUPARNIKA, KANKOLE VILLAGE, KANKOLE POST, THALIPARAMBA, KANNUR – 670 337. (*ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DTD. 25/06/2009 IN I.A.NO.6586/2009) R1 BY ADV. MR. TOJAN J.VATTIKULAM R2 & R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA ADDL.R4 TO R6 BY ADVS. MR.O.RAMACHANDRAN NAMBIAR, MR.GEEN T.MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10898/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER BEARING NO.G.O.(RT) 3982/04/G.EDN. DTD. 14/09/2004. P2: COPY OF CIRCULAR BEARING NO.45713(1) M3./05/G.EDN. THIRUVANANTHAPURAM DTD. 10/03/2006. P3: COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 3/09/08. P4: COPY OF EXPLANATION SUBMITTED BY PETITIONER DTD. 10/09/2008. P5: COPY OF PHOTOGRAPH OF THE BUILDING. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... I.A.NO.6586 OF 2009 & WP(C).NO.10898 OF 2009 ............................................ DATED THIS THE 25TH DAY OF JUNE, 2009 JUDGMENT I.A.6586 of 2008 is filed by certain private parties between whom and the writ petitioner, there is a dispute pending before this court as S.A.656 of 1997, S.A.655 of 1997 and S.A.738 of 1997. The petitioner applied for a building permit in relation to a school building, one which is existing and dilapidated. Panchayat did not consider the permit application. This was, obviously, because of controversies between the owners of the land. This court issued an interim order on 30.4.2009 permitting the petitioner to complete the construction of the building to replace Pre-KER building with ALP school, Kankole. This order was issued provisionally to ensure compliance of Ext.P2 circular of the General Education Department. The primary concern of all authorities involved in running a school is the educational need of the pupils to whom education is extended. An educational establishment cannot be converted to a parcel for mere Wpc 10898/2009 2 materialistic gains of the owners of the land. If they have any litigations in that regard, even the school could be taken out from them and put in Government custody to be run in public interest. In the aforesaid circumstances, following the interim order already issued in this case and taking note of the submissions made on behalf of the impleaded additional respondents, that they may be deprived of a right of way and certain other reliefs, which are pending consideration in the second appeals, it is ordered that while the petitioner can directly continue with the construction and complete it, that shall in no manner hamper any right of passage of the impleaded respondents and would in no way be in contradiction to any binding orders issued in the second appeals or that may be issued in those cases. It is also clarified that the construction will be provisional and subject to final decision in the second appeals. Based on this, the panchayat shall issue the permit for the construction in question. Writ petition and the I.A, ordered accordingly without entering on Wpc 10898/2009 3 merits of the controversies between the petitioner and the impleaded additional respondents. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/6