T.T.Rajan vs Government Of Kerala on 29 October, 2021

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Kerala High Court

T.T.Rajan vs Government Of Kerala on 29 October, 2021

Bench: Anu Sivaraman

WP(C) No.23583/2021                      1/4

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Friday, the 29th day of October 2021 / 7th Karthika, 1943
                              WP(C) NO. 23583 OF 2021
   PETITIONER:

          T.T.RAJAN, AGED 65 YEARS, S/O. THARU, MANAGER, NIRMALA LOWER PRIMARY
          SCHOOL, MALAMURI, PULLUVAZHY P.O, PERUMBAVOOR PIN - 683541.

   RESPONDENTS:

      1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
      2. DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
      3. DEPUTY DIRECTOR OF EDUCATION, DEPUTY DIRECTORATE OF EDUCATION,
         SECOND FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.
      4. DISTRICT EDUCATIONAL OFFICER, GENERAL EDUCATION DEPARTMENT, 5TH
         FLOOR, REVENUE TOWER, NEAR PRIVATE BUS STAND, KOTHAMANGALAM, PIN -
         686691.
      5. ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR, GENERAL EDUCATION
         DEPARTMENT, NEAR POLICE STATION, PERUMBAVOOR, PIN - 683542.
      6. RAYAMANGALAM GRAMA PANCHAYAT, RAYAMANGALAM, PIN - 683545,
         REPRESENTED BY ITS SECRETARY.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to give provisional Fitness Certificates
   to the school buildings having asbestos/tin sheet roofings on providing
   sufficient false ceilings under the roofings in the school of the
   petitioner (Nirmala Lower Primary School), pending disposal of this Writ
   Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.M.A.ABDUL HAKHIM & JOSEPH GEORGE, Advocates for the petitioner, the
   court passed the following:

                                       ORDER

WP(C) No.23583/2021 2/4 ANU SIVARAMAN, J ================================ W.P.(C). No.23583 of 2021 ============= =================== Dated this the 29th day of October, 2021 ORDER In view of the fact that the petitioner has challenged Ext.P1 order of the State Human Rights Commission, the writ petition is liable to be posted before the Chief Justice's Court.

2. The learned counsel for the petitioner submits that the Chief Justice's Court is not sitting today and that the schools have to reopen on 01.11.2021.

3. In the above factual situation and in view of the specific submission made by the learned counsel for the petitioner that the entire school building except the Computer Lab, Library and the Staff Rooms have tiled roofs, I am of the opinion that the fitness certificate is liable to be granted provisionally without reference to the objection that the entire asbestos roofing of the school has not been changed. There will, accordingly, be a direction to the appropriate authority in the 6th respondent to provisionally issue a fitness certificate to the petitioner's school, in case the building is otherwise stable and fit, without reference to the objection with regard to the asbestos roofing.

WP(C) No.23583/2021 3/4

W.P.(C). No.23583 of 2021 2

Post along with W.P.(C).No.23409/2021 Sd/-

Anu Sivaraman, Judge NP 29-10-2021 /True Copy/ Assistant Registrar WP(C) No.23583/2021 4/4 APPENDIX OF WP(C) 23583/2021 Exhibit P1 A PHOTOSTAT COPY OF THE ORDER DATED 31.01.2009 OF THE KERALA STATE HUMAN RIGHTS COMMISSION, THIRUVANANTHAPURAM IN HRMP NO. 126/2007.

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