IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 14406 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. K.K.SANTHOSH KUMAR, MANAGER, CHERUPAZHASSI WEST A.L.P.SCHOOL, P.O.CHERUPAZHASSI, KANNUR DIST. 2. P.SARADA, MANAGER, KATAMBERI A.L.P.SCHOOL, P.O.KANUL, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. DISTRICT EDUCATIONAL OFFICER, KANNUR. 5. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH. GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14406/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of June, 2009 J U D G M E N T The petitioners herein are Managers of various aided schools in Kannur District. Aggrieved by the order passed by the Government directing to demolish pre-KER buildings, they have approached this Court by this writ petition raising various grounds. The challenge against above Government Order and circulars was considered by this Court in W.P.(C). No.15536/2008 and connected cases. It was declared therein that the impugned circulars Exts.P3 to P5 to the extent they stand in the way of using pre-KER buildings, which are strong and certified to be fit by the competent authority, are declared ultra vires and unenforcible. The Division Bench has made clear that the various other directions of the impugned orders/letters/circulars, concerning the steps to be taken for the safety of the students and teachers and demolition of unsafe buildings, are not interfered with. There is a further direction to the concerned Engineer to inspect the schools and decide whether they are entitled to get fitness certificates for pre-KER buildings, so that they could house the class divisions in them. W.P.(C). No.14406/2009 -:2:- The said direction will govern this case also. The writ petition is allowed to the extent as indicated above. No costs. (T.R. Ramachandran Nair, Judge.) ms