K.A.VINCENT TRUEMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner, the learned counsel appearing for respondents 6 to 10, the learned Government Pleader and the learned counsel appearing for the CBSE.

(3.) The learned counsel for the petitioner submits that respondents 7 to 10 are illegally conducting the 6th respondent school, stated to be with the CBSE syllabus, next to the residence of the petitioner. It is submitted that the school is being conducted in two residential buildings making illegal constructions on the upper floors without required space, building, teachers, staff or other facilities and violating the provisions of law. It is submitted that the Secretary, Corporation of Kochi had issued Ext.P1 order directing demolition of the unauthorized constructions. Though the respondents submitted application for regularization of the unauthorized constructions, the same has been rejected by Ext.P2 order. It is submitted that the school is being conducted in violation of Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 and the 3 rd respondent, by Ext.P4, had ordered the closure of the school. Since the applications for NOC had been rejected by Ext.P7 order, the respondents have no manner of right or authority to continue the conduct of the school. It is submitted that in spite of all these orders, the school is being conducted without any legal sanction in the property in question. The learned counsel for the petitioner, therefore, submits that the writ petition is liable to be allowed and the respondents are to be directed to comply with Ext.P4 notice and to close down the school.