GOOD SHEPHERD MATRICULATION SCHOOL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The present writ petition is filed challenging the impugned order passed by the first respondent, dated 10.12.2018 and consequently seeking a direction to the third respondent to grant patta to the petitioner in respect of 2.55 acres of land under the occupation of the petitioner comprised in re-survey No.204/18 of Simon Colony Village, Kalkulam Taluk, Kanniyakumari District or in alternative to grant lease to the petitioner on the basis of the memorandum of the second respondent, dated 15.03.2013 within a specified time frame.

(2.) The basis of the present writ petition is that the petitioner is a correspondent of Good Shepherd Matriculation School, which originally was named as St. Jude Nursery and Primary School in the year 2007, which was a Nursery School formed as a part of Tsunami project and subsequently in the year 2014, the name of the School was changed into Good Shepherd Matriculation School.

(3.) The learned counsel appearing for the petitioner submitted that the present School is functioning in the land comprised in re-survey No.203/2 of Simon Colony Village, wherein 43.250 cents and the School was established as per the norms of Code of Regulation of Matriculation Schools and various Government orders from the academic year 2007. The petitioner's School is having a constructed area to an extent of 3760.90 square feet. The learned counsel further contended that the School having been constructed only on the approval, which was granted by Simon Colony Village Panchayat and the said plan was approved in proceedings dated 25.04.2007. The construction is made in accordance with the plan approval and without any deviation. The learned counsel further contended that at present, the School is running with the total strength of 400 students, out of which, 247 rural students are studying in the petitioner's School and according to G.O.Ms.No.48, School Education Department, dated 21.07.2004 prescribed for rural areas, the required land for establishing Higher Secondary Matriculation School is 3 acres. However, the petitioner's School is having only 43.250 cents, which is less by 2.5 acres, which is required under G.O.Ms.No.48.