ARIMBRA SUBAIR Vs. NARAKKADAN HAMZA HAJI,

JUDGEMENT

(1.) This Writ Appeal has been filed challenging the order dtd. 2/5/2025 in I.A.No.1 of 2025 in W.P.(C) No.14093 of 2025, whereby the learned single Judge rejected the prayer for vacating the interim order dtd. 4/4/2025 in W.P.(C) No.14093 of 2025.

(2.) The Learned Judge, taking into consideration Ext.P9 communication issued by the Deputy Director of Education, Malappuram, to the Director of General Education, Thiruvananthapuram, requesting that the permission granted by Ext.P8 to use the ground attached to the Thirurangadi, Government Higher Secondary School, for the conduct of a foot ball tournament by the appellant and also taking into account the law laid down by this court in SNDP Yogam Sakha No.982 v. State of Kerala (2024 KHC online 262) took the view that the application for vacating the said interim order should be rejected. The learned single Judge also observed that it is not clear from a reading of Ext.P8, as to in what manner the conduct of the tournament is beneficial to the students of the school. It is also clear from a reading of the impugned order that the learned single Judge took note of the fact that the affidavit filed by the Deputy Director of Education, Malappuram, before this court was contradictory to the stand taken by her in Ext.P9 communication issued to the Director of General Education.

(3.) Learned counsel for the appellant submits that a similar tournament was conducted last year also and the organisers had given substantial amounts to the Parent Teacher Association (for short 'PTA') for the development of the school. It is submitted that nearly Rs.11.00 lakhs were given to the PTA, after the conduct of the tournament last year, and this year also, the organisers have agreed to make a substantial payment for constructing classrooms in the school. It is submitted that the permission granted to the appellant is strictly in conformity with the provisions of Rules 15 and 16 of Chapter IV of the Kerala Education Rules, which indicate that the properties of Government or Aided Schools can be utilised for the purposes indicated, subject to conditions. It is submitted that the judgment of this court in SNDP Yogam Sakha No.982 (supra) relates to the holding of religious functions. It is submitted that the writ petitioner has filed the writ petition stating that he is the president of the PTA. It is submitted that the writ petitioner (1st respondent herein) is not the president of the PTA and has never been, and he now claims that he is the president of a Poura Samity. It is also submitted that the PTA (additional 9th respondent in the writ petition) has no objection as the tournament is being conducted only during the summer recess.