M M S HIGH SCHOOL Vs. SECRETARY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to issue direction to respondents 1 to 6 to dispose of Exts.P3, and P3 (a) to P3(e) complaints, and remove the shed constructed in front of the petitioner's school, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is an aided High School under the Kerala State syllabus, started in 1976. More than 1100 students are studying and more than 45 staffs are employed in the above school. Petitioner's school is situated on the side of the Kulaparambu - Vennakode Panchayat road. The property of the school management is situated on either side of the above said road. It is stated, there is no public bus service through the above said road. Respondents 7 to 9 were jointly trying to construct a shed in front of the school, and the public removed the same. Respondents 7 to 9 and others again started construction of a temporary shed in front of the school in the first week of September, 2016. Immediately, Headmaster of the school filed a complaint before the 2nd respondent and the 2nd respondent had removed the temporary shed. It is contended, respondents 7 to 9 are inimical towards the management of the school due to certain political reasons. Respondents 7 to 9 have constructed the shed with iron pipes and grill during midnight of 25.09.2016, for which they have no right. It is also stated that the construction of a shed in the public place by the respondents is without any right conferred on them either by the Panchayat or any Department of the Government. Being aggrieved by the illegal action, petitioner has filed Exts.P3 and P3(a) to P3(e) complaints before respondents 1 to 6. However, no action is being initiated to remove the shed. These are the background facts persuaded the petitioner to approach this Court by filing this writ petition.

(3.) First respondent has filed a counter affidavit contending that on 08.09.2016, Secretary of CPI(M) Kolaparambu Branch, submitted a representation to the 1st respondent seeking permission to construct a temporary bus waiting shed at Kolaparambu-Thazhe Angadi. It was also represented that in the absence of a waiting shed, serious inconveniences are caused to the passengers. The representation so submitted is produced as Ext.R1(a). According to the 1st respondent, Ext.R1(a) was placed before the Panchayat Committee held on 24.09.2016. The Committee made elaborate discussions on the same, and having convinced of the need for constructing the waiting shed, accorded permission to put up a temporary bus waiting shed on condition that the same shall not cause obstruction to the traffic, and also to remove the same as and when demanded by the Panchayat. The decision was taken by the majority members of the Panchayat and 8 members of the Panchayat dissented the resolution, evident from Ext.R1(b). The Panchayat has also considered the objections raised by the Headmaster of the petitioner's school in the said meeting, and found that the apprehension entertained by the Headmaster that if the waiting shed is constructed, it will transform into a gathering place for anti-social elements is premature and there is no logic or reason to arrive at such a conclusion. However, the Committee has decided to effectively interfere in the event of any anti-social activities taking place consequent on the construction of the shed. The resolution taken by the Panchayat on the basis of the complaint filed by the Headmaster is produced as Ext.R1(c).