The Kerala High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to restrain the respondents 7 and 8 (Government Higher Secondary School, Mammalassery, Ernakulam and Principal) from constructing ‘Varnakoodaram’ of Samagra Shiksha, Kerala (SSK project) or such other constructions without the permission of the 3rd respondent (Ernakulam District Panchayat) within the playground of the 7th respondent school.
The Petitioner further prayed to:-
ii) Issue a writ of mandamus directing the Respondent Nos.1 and 2 (The Department of General Education and District Collector, Ernakulam) to consider the complaint and take necessary steps to demolish the unauthorized constructions made by the 8th respondent in the playground of the 7th respondent school.
iii) Issue a writ of mandamus directing the Respondent No.8 to take necessary steps to comply with the order of the 3rd respondent District Panchayat to remove the unauthorized constructions in the playground of the 7th respondent school.
The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu noted that complaint has been filed before the Director of General Education regarding the conversion of a playground for the establishment of a ‘Varnakoodaram’.
It is stated in the complaint and in the writ petition that the ‘Varnakoodaram’ was established without obtaining formal approval from any competent authority.
Since the complaint is pending before the Director of the General Education Department, it is appropriate for the Director to consider the complaint after issuing notice to all concerned within a period of three months, the Court directed.