MANAGER FORT HIGH SCHOOL Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Petitioner is the Manager of Fort High School, Thiruvananthapuram. This school is in the land leased by the Maharajah of Travancore on behalf of the Government by an agreement dated 13-8-1904. It seems that large extent of property is included in the agreement. Petitioner wanted to construct a compound wall in respect of the properties, which according to him, formed part of the premises of the school and the land included in Ext. P1 agreement. Being an open place used by the public for different purposes, good as well as bad, the Manager found it difficult to run the school in a peaceful atmosphere. This fact prompted the Manager to seek permission from the Government to construct a compound wall for the land, which, according to the petitioner, is appurtenant to the school. Initially, permission was granted. But, the same was withdrawn by Ext. P7 order.

(2.) In Ext. P7 order, it is stated that the inspection of the school premises revealed that the entire compound consisting of the school, a temple, Devaswom Assistant Commissioner's Office and old Sreepadam office are part of the same campus and forms as a single plot. It is also stated that Government are convinced that if permission is given for construction of compound wall as requested for by the Management, it is likely to create a law and order situation in the locality.

(3.) If the management has got the legitimate right to construct a compound wall, the construction of the compound wall, cannot be prevented on the ground that there will be law and order situation. If this proposition is accepted, any lawful act can be prevented by the Government by saying that there will be law and order situation.