Parent Teacher Association vs Commissioner Of Police

Anu Sivaraman, J

This writ petition is filed seeking direction to respondents 1 & 2 to afford police protection to the 2nd petitioner, his workers, staff, machines & vehicles to carry out the demolition work awarded to him as per Exhibit P3 and as directed by the Government of Kerala in Exhibit P4 & Exhibit P5 and complete the same without any obstruction from the respondents 3 to 8 or any other person.”

Heard the learned counsel for the petitioners and the learned Government Pleader and the learned counsel appearing for respondents 3 to 8.

It is submitted by the learned counsel for the petitioners that the 2nd petitioner had been given a contract for demolition of a building of the Government L.P.School, Vellayil East, Kozhikode by tender. It is submitted that on the ground that an Anganwadi is functioning in the open veranda of Block No.2., respondents 3 to 8 are obstructing the demolition of the said block. It is submitted by the learned counsel for the petitioner that an Anganwadi was functioning in the premises with the knowledge of the Director of Public Instructions, who had passed Exhibit P4 order dated 9.2.2022 directing the demolition work to continue. It is submitted that the demolition is to be completed at the earliest and the reconstruction of the school building is also to commence immediately so that the building will be ready at the earliest. It is submitted that the work of the new building of the school is partially complete and it is only due to the obstruction caused for the demolition of Block No.2 that the reconstruction of the school is being held up.

A detailed counter affidavit has been placed on record by respondents 3 to 8. It is contended therein that the Malarvadi Anganwadi Centre No.90 has been functioning in the premises of the Government L.P.School, Vellayil East, Kozhikode pursuant to the permission granted by the erstwhile Headmaster. It is submitted that permissions were granted for the construction of a building for the Anganwadi in the school premises without transfer of the ownership of the land. It is further submitted that the present building, where the Anganwadi is situated, is not dilapidated and that has all necessary fitness for the conduct of the Anganwadi. It is further stated that the Kozhikode Municipal Corporation had issued Exhibit R7(g) letter to the Headmistress to stop the demolition works, since permission had not been obtained from the Corporation for the same. It is stated that Exhibit R7(h) would show that a letter had been issued by the District Women and Child Development Officer, Kozhikode also seeking stoppage of the demolition. It is submitted that the Resident's Association of the area had also approached the Director General of Education with Exhibit R7(i) representation, which has not been considered so far. It is stated that the permission from the Corporation authorities under the Building Rules as well as NOC from the Railway authorities is mandatory for the demolition.

Additional documents have been produced by the petitioners pointing out that the Headmistress had addressed the true facts before the Police, but that adequate protection has not been granted to the petitioner.

I have considered the contentions advanced. It is not in dispute that the property in question is the property of a Government L.P.School. It is also not in dispute that appropriate steps had been taken for the construction of new buildings for the L.P. School and the demolition of the existing dilapidated buildings was necessitated for such construction. The contention of respondents 3 to 8 that permission is necessary for the demolition of the building cannot be accepted in view of the provisions of Rule 5 of the Kerala Municipality Building Rules, 2019 which applies only to persons other than the State or the Central Government.

From the materials placed on record, it is clear that the demolition and the reconstruction are being carried out after obtaining due sanctions from the Department of Education on the orders of such department, who is the owner of the property.

In the above factual situation, I am of the opinion that the contentions raised by respondents 3 to 8 cannot succeed. The question whether premises are to be allotted to the Anganwadi in the newly constructed building and alternate accommodation of the Anganwadi are matters which have to be taken up by the petitioners with the Deputy Director of Education by the party respondents or the Department of Women and Child Development with the Education Department or the Director General of Public Instructions. The 2nd petitioner is the contractor entrusted with the work of demolition of the building for the purpose of reconstruction of the building for the L.P.School. In the light of the documents produced in the writ petition, I am of the opinion that the 2nd petitioner is entitled to the Police Protection as sought for.

There will, accordingly, be a direction to the Station House Officer to afford due protection as necessary for the 2nd petitioner to carry out the demolition works of Block No.2, which has been declared unfit for the conduct of the school.

The reconstruction of the school shall also be proceeded with in accordance with law. The claim of the respondents that space is liable to be allotted for the Anganwady in the L.P. School premises will be considered by the DDE in accordance with law, if it is raised before such authority.

Writ petition is ordered accordingly.