LAWS(KER)-2014-11-251

AMAL PUBLIC SCHOOL Vs. STATE OF KERALA

Decided On November 28, 2014
Amal Public School Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is directed against Ext. P24 order passed by the Government, refusing to reclaim a portion of the paddy land for the purpose of the road leading to the school.

(2.) In this matter, the Local Level Monitoring Committee recommended the petitioner's application for reclaiming a portion of the paddy land for the purpose of the school. The Government rejected the petitioner's application on the ground that the need of the petitioner would not fall within the definition of the public purpose. Therefore, only question is whether the need of the petitioner is public or not.

(3.) There is no dispute in this case about the requirement to create a road to the school. This is so discernible from Ext. P13 report of the Local Level Monitoring Committee. In the report, it is stated that the road can be created on the eastern side of the property very close to the school property and the application can be recommended subject to accommodating such need under the law.