IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24840 of 2009(Y) -------------------------- PETITIONER(S): --------------- FR.MATHEW POTHENAMALA,VICAR, ST.SEBASTIANS FORANE,NELLICKAMPOIL,ULIKKAL, CHURCH,KANNUR DISTRICT. BY ADV. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DY.DIRECTOR OF PANCHAYATH, KANNUR. 3. THE SPECIAL GRADE SECRETARY,ULIKKAL GRAMA PANCHAYATH,P.O.ULIKKAL,KANNUR DISTRICT. 4. THE ASST.EXECUTIVE ENGINEER,P.W.D. (BUILDINGS),IRIKKUR. By GP V MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 24840 OF 2009 ............................................ DATED THIS THE 27TH DAY OF AUGUST, 2009 JUDGMENT The petitioner runs an aided school. He has to get certificates of the PWD authorities regarding maintenance and improvement of the school for continued recognition under the provisions of K.E Act and K.E.R. He made improvements, which appear to be of a major nature, going by the pleadings and materials. The panchayat has to duly certify the completion of the renovation to enable the Engineer of PWD to certify fitness of the school for the purpose of continued approval and recognition in terms of the KER. 2. The petitioner is aggrieved by the insistence of the panchayat authorities that the school should have the provision for roof top rain harvesting, in terms of the provisions of KMBR 1999. The provisions in the KMBR compelling the provision for rain harvesting are mandatory, subject only to the power to grant exemption in terms of the rules. May be that the panchayat would consider such a request, but it will not lie for Wpc 24840/2009 2 the writ court to now say that building should be numbered even without panchayat considering any request for exemption from providing the facility of rain water harvesting. The urgency of the situation can however be understood. 3. For the aforesaid reasons, this writ petition is ordered directing that if the petitioner applies for exemption from the provisions compelling the installation of rain water harvesting mechanism, that application will be taken up, considered and acted upon and orders issued within a period of a fortnight, particular regard being had to the plea of the petitioner that there is a water drinking project available for the school under a Central Government Sponsored Scheme. On such a decision, the request for numbering the building would also be taken up and orders issued, taking into consideration the fact that questions relating to recognition of schools etc, cannot be held back for long. Writ petition ordered accordingly, without entering on merits. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8