ANILA JOSHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Exts.P6 and P7 resolution adopted by the 4th respondent Grama Panchayat in respect of Anganwadi No.66 in Ward No.1, and further seeking direction to the 4th respondent to implement the decision of Grama Sabha dated 26.11.2017 and 01.07.2018 and establish Anganwadi No.66 in Ward No.1 of the Panchayat in accordance with Ext.P1 scheme, within a time frame to be fixed by this Court. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are permanent residents within the limits of Ward No.1 of 4th respondent Grama Panchayat. Petitioners' children are studying at Anganwadi No.66 of Ward No.1 of the Panchayat, which is functioning in an old dilapidated building comprised in an extent of 2 cents, wherein almost 20 children are accommodated without even basic facilities. The 1st respondent issued guidelines regarding the structure and facilities for functioning of an Anganwadi to be run by Local Self Government Institutions, and the relevant pages are produced as Ext.P1.

(3.) Though the 4th respondent realized the need to re-construct the Anganwadi No.66 of Ward No.1 as early as in 2010, it did not materialize for want of resources. On 05.07.2017, the Member of Parliament from Kollam granted Rs.10 lakhs to re-construct Anganwadi No.66 of Ward No.1 under the M.P. Fund scheme, evident from Ext.P2. The 4th and 5th respondents directed the Assistant Engineer of the Local Self Government Department to file a report regarding the construction of Anganwadi No.66 at Ward No.1, and it was reported that, as per the Kerala Panchayat Building Rules, only 31.74 sq. metres can be constructed in the land specified above. Case of the petitioners is that, the minimum space requirement of an Anganwadi building is 600 sq. feet, as per Ext.P1 specification. True copy of the report and the sketch are produced as Exts.P3 and P3(a) respectively.