IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 37188 of 2010(S) -------------------------------- PETITIONER: --------------- VINCENT, AGED 57 YEARS, S/O.ANDREW, KOTTAPPURATH HOUSE, MOOLANKUZHI, KOCHI-2. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM-682 021. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682 021. 4. THE SECRETARY, CORPORATION OF KOCHI, PIN-682 011. 5. ARUJA LITTLE STAR SCHOOL, REP.BY PRINCIPAL, MOOLANKUZHY, KOCHI-682 002. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.37188 of 2010 ------------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i) Issue a Writ of Mandamus or any other writ or order or direction, directing the respondents 1 to 4 to ensure that the unauthorized functioning of the 5th respondent school be stopped forthwith; ii) Issue a Writ of Mandamus or any other writ or order or direction, directing the respondents 1 to 3 to ensure the proper continuous study of the students in the 5th respondent school. iii) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The petitioner complains that the 5th respondent school located next to the residential building of the petitioner is established and being conducted without obtaining the necessary permits under law. It is also the complaint of the petitioner that “.......... the petitioner, who is the adjacent land owner is suffering from noise and other effluents from the school” that is created by the children studying in the school. WP(C) No.37188 of 2010 - 2 - 3. Obviously, the petitioner who has a private and personal grievance against the 5th respondent school cannot be heard to say that there is some public interest in the matter. In the circumstances, the writ petition is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns