IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 32146 of 2010(P) --------------------------------------- PETITIONER: ------------------- JOMY, S/O.JOSE, OLEKKENGIL HOUSE, P.O.VELUR, BAZAR, PIN-680 601. BY ADV. SRI.T.K.SHAJAHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, THRISSUR-680 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, 2ND FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680 506. 5. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM-680 503. 6. THE VELUR GRAMA PANCHAYATH, VELUR, THRISSUR-680 601. 7. VELUR ST.XAVIER'S U.P.SCHOOL, VELUR P.O., BAZAR, PIN-680 601, REPRESENTED BY ITS MANAGER. R1 TO R5 BY GOVT. PLEADER SMT. NISHA BOSE, R7 BY ADV. SRI.SHOBY K.FRANCIS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C).No.32146 of 2010 ------------------------------- Dated this the 4th day of February, 2011. J U D G M E N T The petitioner is a resident of Velur Panchayath. The seventh respondent school is seen situated in the said panchayath. Writ petition is filed seeking for a direction to respondent nos.3 to 5 to issue necessary direction to preserve the play ground of the school in the present condition. 2. The allegation made in the writ petition is that the school is adjacent to St.Xavier's church and the play ground is proposed to be used for the activities of the church during the school hours. It is also pointed out that there is a proposal to construct a building in a portion of the play ground. 3. The seventh respondent has filed a detailed counter affidavit. It is pointed out that a writ petition numbered as W.P. (C)No.25864 of 2010 was filed by some other persons in the locality and the said writ petition was dismissed after the appearance of the seventh respondent. It is further pointed out 2 W.P.(C).No.32146 of 2010 that the school is already having its own play ground in front of the school building and the construction of the building is not in the play ground as alleged by the petitioner. The proposed construction of a new church is in a different plot owned by the church and not within the school compound/play ground as alleged by the petitioner. 4. In the reply affidavit, the petitioner has produced the approved plan issued by the Town Planner and the Panchayath. The petitioner has stated in the reply affidavit that he has no objection in the construction of new church building and new school as per the approved plan dated 17.9.2009. Therefore, in the light of the above, no further orders are called for in the writ petition. It is accordingly closed. T.R.RAMACHANDRAN NAIR, Judge ami/