SECRETARY, MES CENTRAL SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be the Secretary of the MES Central School, Tanur, has approached this Court seeking a direction to the 3rd respondent-Assistant Executive Engineer to issue to the School an integrated fitness certificate for their buildings, so as to enable them to apply for continuation of affiliation with the concerned Board.

(2.) According to the petitioner, the building was constructed several years ago and had been issued with fitness certificate earlier, as is evident from Ext.P12, but that citing hyper technical reasons, a new certificate for this year is being denied. They say that the reason now cited by the respondent in denying the fitness certificate to them is that the building has been constructed in a land which is classified as 'nanja' in the revenue records and therefore, that such a construction cannot be approved. They, therefore, pray that the 3rd respondent- Assistant Executive Engineer be directed to issue a fitness certificate to their building disregarding the nature of the land shown in the revenue records, as also for a direction to the 4th respondent-District Fire Officer to issue a provisional fire certificate to the School based on the construction completed, so as to enable them to apply for continuation of affiliation.

(3.) In response to the afore submissions made on behalf of the petitioner by their learned counsel, Sri.R.K.Muralidharan, the learned Standing Counsel for the Tanur Municipality, Sri.Harish R. Menon, submitted that there are two objections that have been found against the buildings of the petitioner, namely: