STATE OF KERALA Vs. ABDUL SATHAR P

JUDGEMENT

(1.) This appeal is filed against the judgment dated 10-12-2003 in W.P. (C) No. 38965 of 2003. The respondents in the writ petition are the appellants herein and the petitioner in the writ petition is the first respondent herein. The second respondent herein got himself impleaded as additional respondent No. 2 in the writ appeal.

(2.) According to the averments in the writ petition, the petitioner (1st respondent herein) is the Secretary of the Diamond Arts and Sports Club, Cherur in Malappuram District. The said club is registered under the Societies Registration Act and its Registration No. is 412/89. The club was formed and promoted by the youngesters in the locality with a view to strengthen social welfare movement. The club has convened several sports and cultural events the income from which has been utilised for the well being of the Society. The first venture of the club was to construct a play ground for the G.M.U.P. School, Cherur. A play ground having 60 mtr. length and 50 mtr. width was constructed by the club in front of the school with the manual labour of the members of the club and spending about Rs. 75.000/-. Thereafter towards maintenance and development of the play ground the petitioner's club has incurred an expense of Rupees Five Lakhs. The club has also many other things for the benefit of the school like painting and maintenance of the school building, maintenance of the well, construction of the compound wall and gate, donation of motor pump set etc. After the construction of the playground the club used to organise Sevens Foot Ball Tournament every year with the permission of the respondents in the writ petition. Initially Football Tournament was started for raising funds to meet the expenses for maintenance and development of the playground. The third tournament was conducted in the year 2002 in the play-ground of the school with the permission granted by the Headmaster of the School as per Ext. P2 order dated 29-11-2002. An amount of Rs. 2500/- was paid as ground rent as demanded by the Headmaster. The tournament was conducted giving no room for complaint from any corner. It was also decided to construct a new stage cum class room for the school in the place of the present damaged stage with the profit derived from the 3rd Football Tournament. On the basis of the said decision the Headmaster wrote Ext. P4 letter to the Deputy Director of Education, Malappuram, seeking permission to remove the old stage and to construct a new stage cum class room with the profit from the Football Tournament as decided by the Executive Committee on the Parent Teacher Association at its meeting held on 2-6-2003. The petitioner's club decided to conduct the 4th All India Sevens Football Tournament from 5-12-2003 to 15-1-2004 in the play-ground of the G.M.U.P. School, Cherur. The tournament would be conducted only after 6.30 p.m. in the floodlit ground and there will be absolutely no disturbance to the functioning of the school. It was also decided to utilise the share of the profit from the tournament for the progress of the school, including installation of the computer system. The petitioner submitted Ext. P.5 application dated 21-10-2003 to the Headmaster of the school seeking permission to conduct the tournament in the playground of the school. But as per Ext. P6 communication dated 25-10-2003 the Headmaster refused to grant permission on the ground that he had come to know from the newspapers and the Education Department that the Hon'ble High Court of Kerala had ordered that schools and their premises should not be allowed to be used for any purpose other than educational purposes. The reason stated by the Headmaster is unsustainable and misconceived because the High Court has not said that school premises should not be granted for non educational purposes under any circumstances. The High Court has only given some directions for ensuring smooth functioning of the schools and better atmosphere for the pupils. On several occasions the High Court granted permission to various organisations to conduct programmes on school grounds subject to such conditions as necessary for the benefit of the schools and smooth functioning of the classes. Recently in a similar situation, as per Ext. P7 judgment dated 27-11-2003 in W.P. (C) No. 36855/2003, the High Court was pleased to grant permission to conduct football tournament in the ground of the Government Higher Secondary School, Thirurangadi.

(3.) On the basis of the above mentioned averments, the petitioner prayed for quashing Ext. P6 order of the Headmaster and for a direction to the respondents to grant permission to the petitioner to conduct 4th All India Sevens Football Tournament at the ground belonging to the third respondent (i.e., the Headmaster, G.M.U.P. School, Cherur). After taking note of Ext. P7 judgment dated 27-11-2003 in W.P. (C) No. 36855 of 2003, the learned single Judge disposed of the writ petition directing the 4th respondent - District Collector, Malappuram to take a decision by fixing the rent payable. It was also directed that the amount of rent would be utilized for welfare purposes of the school like library, drinking water facility or any other beneficial scheme for the students of the school. The third respondent, Headmaster, was directed to abide by the instructions of the District Collector. It was further directed that the District Collector should take the decision within a period of two weeks from the date of receipt of a copy of the judgment, if necessary, in consultation with the Deputy Director of Education. It was also directed that the District Collector would impose necessary conditions for permission and direct the petitioner to restore the ground to its original position after the tournament was over.