Kerala High Court
Secretary vs State Of Kerala on 8 February, 2012
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2013/131ST VAISAKHA 1935
WA.No. 2249 of 2012 IN WP(C).16706/2006
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AGAINST THE ORDER/JUDGMENT IN WP(C) 16706/2006 DATED 08-02-2012
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APPELLANT/PETITIONER:
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SECRETARY, KUTTAYI HIGH SCHOOL COMMITTEE
MALAPPURAM DISTRICT, (MANAGER
M.M.M.HIGHER SECONDARY SCHOOL, KUTTAYI).
BY ADVS.SRI.SAJU.S.A
SMT.P.A.SHEEJA
SRI.K.C.KIRAN
SMT.MEENA.A.
SRI.T.KRISHNAN UNNI (SR.)
RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.
2. DISTRICT COLLECTOR, MALAPPURAM DISTRICT,
P.O.MALAPPURAM, PIN - 676 505.
3. REVENUE DIVISIONAL OFFICER, TIRUR,
MALAPPURAM DISTRICT, PIN - 676 501.
4. TAHSILDAR, TIRUR, MALAPPURAM DISTRICT PIN 676 501.
5. SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT
THIRUVANANTHAPURAM PIN - 695001.
6. A.K.MAJED, S/O.AMMAD KADAVATH MOHAMMED, NEAR M.M.M.HIGHER
SECONDARY SCHOOL, VADIKKAL, KUTTAYI
TIRUR, MALAPPURAM DISTRICT, PIN - 676 562.
7. K.P.KUNJIMON, PRESIDENT, THEERADESA SAMRAKSHANA SAMITHI
KUTTAYI, MALAPPURAM DISTRICT PIN 676 562.
ADDL. 8. KERALA STATE SPORTS COUNCIL,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.
(SUO MOTU IMPLEADED AS ADDL.R8 AS PER ORDER DATED 10/01/2013)
R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI. P.I. DAVIS
R6 & R7 BY SRI.P.CHANDRASEKHAR
ADDL.R8 BY ADV. SMT.P.K.RADHIKA,SC,STATE SPORTS COUNCIL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-05-2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Manjula Chellur, C.J. & K. Vinod Chandran, J.
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W.A. No. 2249 OF 2012
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Dated this the 21st day of May, 2013
JUDGMENT
Manjula Chellur, C.J.
Heard learned counsel for the appellant as well as respondents including the party respondent and the Kerala State Sports Council.
2. The appellant was the writ petitioner before the learned Single Judge aggrieved by the refusal of renewal of lease in favour of the appellant in respect of 3 acres of land adjacent to the appellant's school which is an open area. They use it as a playground for the benefit of the school. The school in question is established in an area of 3.5 acres and the same belongs to a private Trust. So far as the land in question, it measures about 3 acres adjacent to the school premises which was also given on lease to the school from 1964. The students of the school were using this land as a playground and no other building of any nature are put up by the school authority in this area. Though at some point of time Kerala Sports WA No. 2249 of 2012 -:2:- Council was kind enough to make all arrangements to use this land as a full fledged playground, later on due to paucity of funds, they were not able to maintain the same.
3. According to the appellants, there is no other open area for the use of the students of the school other than this land and according to the party respondents, even the public do not have any other open space in the locality other than this area for the children of the locality to use as a playground. In that view of the matter, the learned Single Judge was justified in refusing to grant the relief sought i.e., to direct the respondent authorities to renew the grant. On the other hand, he opined that 3 acres of land has to be retained as playground for the use of the students of the school in question as well as general public.
4. As the Sports Council expressed its financial difficulty to maintain the play ground, now the school authority came forward to spend money for maintaining the play ground as it is essentially needed space for the students of the school. In that context, when the appellant authorities were asked to file an affidavit, they have filed an affidavit on 09.04.2013 which reads WA No. 2249 of 2012 -:3:- as follows:
"1. I am the Secretary of Kootayi High School Committee Post Koottayi. The above Writ Appeal is filed by me in that capacity. This affidavit is filed as directed by this Hon'ble Court.
2. I submit that the School Committee is ready to maintain the play ground in good condition. The School Committee undertakes to spent money for the same. The School Committee further undertakes that the maintenance of the school play ground will be undertaken under supervision of District Sports Council. The School Committee also undertakes that it will not make any claim over the property for the amounts spent by the School Committee for the maintenance of the play ground."
5. As per this affidavit, the School Committee not only undertakes to spend money for maintaining the open area as a play ground in good condition, they also undertake not to claim any rights whatsoever over the property including the amounts spent by them for the maintenance. They undertake to maintain the playground under the supervision of the Kerala Sports Council. However, since the land belongs to the State, the District Administration must be in charge of this play ground and the District Collector concerned shall have the power to decide WA No. 2249 of 2012 -:4:- other public who also can use the playground for sports and other related activities. The school authority shall never restrain any other children of the locality to use it as a playground either during school hours or after school hours. It is made clear that the District Administration shall not allow any other activity other than sports and related activities to be carried on. It is needless to say that as the land in question is the only lung space available for the residents of the locality as well as the students of the school, the District Administration shall see that it is used only for sports and related activities and no other activities shall be allowed to be carried on in the said land.
With these observations, the appeal is disposed of.
Manjula Chellur, Chief Justice.
K. Vinod Chandran, Judge.
ttb/21/05 WA No. 2249 of 2012 -:5:-