ABDULLAKUTTYMUZHIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are parents of 3 students studying in the Government Moppila U.P. School, Cherur, Vengara in Malappuram District. It is alleged that the Parent Teachers Association (PTA) is not functioning in the school and the Headmaster has not convened meeting of the PTA, despite specific instructions given by the Director of Public Instructions. It is stated that more than 900 students are studying the school in question, which is situated in a property having an extent of about 2.5 Acres. According to the petitioners, playground of the school is the only playground available within the limits of the Grama Panchayat concerned and it is utilized for conducting various events of games and sports. There arose a dispute with respect to conduct of a Football Tournament in the school playground, which was adjudicated by this court in a writ petition, and further in a writ appeal. In Ext.P2 judgment a Division Bench of this court directed to permit conduct of the Football Tournament in the year 2014, subject to certain conditions stipulated, making it clear that the permission shall not be treated as a precedent for conduct of the Tournament in future. Grievance expressed by the petitioners in the present writ petition is that, the respondents 1 to 7 are taking hasty steps to construct buildings on the playground, in a clandestine manner. It is alleged that the buildings of the school are in an unfit condition, which requires renovation, for which the Government have sanctioned necessary funds. According to the petitioners there is sufficient space available in the compound, apart from the playground, for construction of the buildings. It is also alleged that, construction of new building can be made on the upper portion of the existing buildings. Petitioners alleges that the steps taken to construct the new buildings in the playground is a malafide decision taken by the 6th respondent Grama Panchayat, which is administering the activities of the school. The petitioners are complaining that the decision was taken even without notice to the PTA in a non -transparent manner. It is pointed out that, under Rule 3 of Chapter IV of K.E.R there is specific provisions to the effect that every school should have a suitable playground for games and sports and the site should contain sufficient clear space for the said purpose. It is averred that the playground was being utilized for conduct of Kerala Utsav Mela and Malappuram District Youth Festival, by the Grama Panchayat. A Football Club affiliated to the Kerala Football Association is conducting coaching for students of the said school and other students, in the said playground in question. Allegation is that those persons who have objected the Football Tournament in the playground are now in power in the 6th respondent panchayat and they are making attempts to stall the games being conducted in the playground, by constructing the buildings therein. Parents of students and public have submitted Ext.P4 representation before the 4th respondent. But the respondents are taking further steps to go ahead with the construction, ignoring all the protest, is the averments. Therefore the petitioners seek interference of this court for restraing construction of the proposed buildings in the playground in question.

(2.) WHEN the writ petition came up for consideration on 14 -02 -2014 an interim order was issued directing to maintain 'status quo' with respect to construction if any proposed inside the playground. Additional respondents 8 to 11 got themselves impleaded as parents of other students contending that the panchayat has got another playground of about 2 Acres which can be conveniently used for conduct of Football Tournament. According to the additional respondents, construction of the new buildings proposed will not reduce the extent of the playground and it is intended for the welfare of the students and only to cherish the wish of the parents. It is alleged that the writ petition is filed only at the instance of M/s. Diamond Arts and Sports Club, who failed to get favourable orders in conducting the Football Tournament, after Ext.P2 judgment. The 7th respondent, the Headmaster of the School, had filed counter affidavit stating that the school ground is situated in the middle, surrendered by classrooms on all sides. There is no compound wall separating school buildings and the playground. It is stated that, Government have accorded administrative sanction for construction of new buildings considering deteriorated condition of the existing buildings. An amount of Rs.3.4 Crores has already been sanctioned during the year 2012. The PWD had approved construction of 2 new buildings + 47 toilet facilities for usage by the students. The school buildings are proposed to be constructed without demolishing any old structure, but the toilet rooms will be constructed after demolishing a tiled building which is presently used as Stage -cum -classroom. According to the 7th respondent, even after construction of the proposed new buildings there will be more than sufficient place for the playground, with an extent of 65 X 55 Meters. The approved sketch and plan for the proposed construction is produced ad Exts.R7 (c) & (d). It is stated that there is no other space available within the compound, apart from the area proposed in order to construct the new buildings. The 7th respondent had also alleged that the writ petition is filed only as part of the dispute between the authorities of the club and the Panchayat. It is pointed out that by virtue of Ext.R7 (e) judgment this court had dismissed the writ petition filed by M/s. Diamond Arts and Sports Club seeking direction against the panchayat to permit Football Tournament in the ground in question.

(3.) THE 6th respondent Panchayat had filed counter affidavit stating that the panchayat is the custodian of the properties and the building, of the school, which is located at 2.01 Acres of land. The PWD had drawn plan for construction of two classroom buildings with 3 floors, consisting of 18 classrooms, by utilizing funds alloted by the Government. The proposed construction will not encroached upon the playground, which will be protected intact, is the contention. Construction of new buildings after demolition of the existing classrooms will cause hindrance to functioning of the school and the construction now proposed is only to facilitate smooth functioning of the school even during the time of construction. According to the 6th respondent the allegation raised against the panchayat and its officials are totally ill -motivated. There was an incident of attack against the Vice -President of the Panchayat, when she had visited the site to oversee the construction. Exhibit R6 (d) is the FIR and the FI statement with respect to criminal case registered on the basis of the incident. The 6th respondent alleges that this writ petition is filed only as another attempt to prevent the proposed construction, which is made without any bonafides, only at the instance of the authorities of the Club in question.