IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 OP.No. 227 of 1999(B) ------------------------- PETITIONER: --------------- C.RAJENCRAN, S/O. CHELLAPPAN, SHEEBA HOUSE, ARASHUPARAMBU, NEDUMANGADU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.K.ABDUL REHIM RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, NEDUMANGADU TALUK, NEDUMANGADU P.O., THIRUVANANTHAPURAM DISTRICT. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM. 4. THE NEDUMANGADU MUNICIPALITY, REP.BY ITS SECRETARY, NEDUMANGADU P.O., THIRUVANANTHAPURAM DISTRICT. 5. SMT.NAFEESA UMMAL, CHAIR PERSON, NEDUMANGADU MUNCIPALITY, NEDUMANGADU P.O., THIRUVANANTHAPURAM. tss OP. NO.227/1999 6. THE PARENT- TEACHER ASSOCIATION, GOVT. L.P.SCHOOL, CHELLAMKODE, REP.BY ITS PRESIDENT, SRI. VIJAYAMOHANAN NAIR, JANATHA HOUSE, NEDUMANGADU P.O. THACHARU KONAM, THIRUVANANTHAPURAM DISTRICT. 7. THE HEAD MISTRESS, GOVERNMENT L.P.SCHOOL, CHELLAMKODE, ARASHUPARAMBU, NEDUMANGADU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP. NO.227/1999 ORDER ON CMP. NO.351/1999 IN OP. NO.227/1999 DISMISSED 08.10.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- MASS PETITION DT. 27.7.98 BY PETITIONER AND OTHERS. EXT.P2:- COPY OF THE LETTER OF THE LOCZL MLA DT. 28.7.98. EXT.P3:- COPY OF THE NEWSPAPER MALAYALA MANORAMA DT. 2.1.99. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ========================= O.P.No.227 of 1999 ========================= Dated this the 8th day of October, 2007. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to respondents 5 and 6 are dispensed with. Learned counsel appears for the fourth respondent. Learned Government Pleader takes notice for respondents 1 to 3 and 7. 2. The complaint of the petitioner is that there is a likelihood of encroachment into Government property on which a Government school is situated. This is a matter to be taken appropriate care of by respondents 1 to 3 as well as the seventh respondent. The Municipality is also to ensure that no permission for construction of any wall or other structure is issued against the interest of the Government property and the school in question. The constructions stand stayed by this Court by the interim order dated 5-1-1999. Accordingly, this writ petition is allowed directing that respondents 1 to 3 and 7 as also the fourth respondent will take adequate steps to ensure that no portion of OP227/1999 -:2:- any Government land on which the L.P.School, Chellamkode situated is encroached upon. The Tahsildar will also ensure that the said piece of land is appropriately preserved. The petitioner will produce copies of this judgment before respondents 1 to 3 and 7. Thottathil B.Radhakrishnan, Judge. sl. OP227/1999 -:3:- Thottathil B. Radhakrishnan, J. ========================= O.P.No.227 of 1999 ========================= 1992222JUDGMENT Dated:8-10-2007