IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32146 of 2010(P)
1. JOMY, S/O.JOSE, OLEKKENGIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, THRISSUR-680001.
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE ASSISTANT EDUCATIONAL OFFICER,
6. THE VELUR GRAMA PANCHAYATH, VELUR,
7. VELUR ST.XAVIER'S U.P.SCHOOL,
For Petitioner :SRI.T.K.SHAJAHAN
For Respondent :SRI.SHOBY K.FRANCIS
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/02/2011
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No.32146 of 2010
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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
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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/