Vincent vs State Of Kerala on 14 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37188 of 2010(S)


1. VINCENT, AGED 57 YEARS, S/O.ANDREW,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY SECRETARY,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE SECRETARY, CORPORATION OF KOCHI,

5. ARUJA LITTLE STAR SCHOOL,

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :14/12/2010

 O R D E R
            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