Ramachandra Menon,J
Petitioner has approached this Court seeking the following reliefs:-
“ a) To issue a writ of mandamus or other appropriate order or direction to direct the 2nd respondent to provide adequate protection to the petitioner's school to see that no outsiders trespass into the school premises for obstructing to demolish the dilapidated K.E.R building of the petitioner's school, on petitioner's expenses, in the light of the Ext.P2 order.
b) To issue a writ of mandamus or other appropriate order or direction to direct the 2nd respondent to see that no political supporters and outsiders are blocking the new admissions and carrying annual repairing works of the petitioner's school.
c) To issue a writ of mandamus or other appropriate order or direction to direct the 2nd respondent to see that no political supporters and outsiders are disturbing the peaceful atmosphere of the petitioner's school, for the safety and security of the children as prescribed by the Kerala Education Act and Rules.”
2. The learned counsel appearing for the petitioner submits that the petitioner is the manager of an aided school and that a portion of the building is in highly dilapidated and dangerous condition. It was in such circumstance that Ext.P2 application was filed before the competent authority of the Education Department on 17.10.2013 to demolish the said structure and after considering the same, permission was granted by the concerned AEO as per Ext.P3 order. Based on the said order, steps were taken to demolish the building and when the roof was removed, strong obstruction was made from the local inhabitants for no reason at all.
3. The Petitioner apprehends further action in this regard, especially during the course of new admissions and this made the writ petitioner to file Ext.P4 representation before the 2nd respondent seeking for necessary police protection. The petitioner contends that the police has not even moved a little finger and hence intervention of this Court is sought for.
4. The learned Government Pleader submits on instructions that Ext.P3 permission was granted by the concerned AEO to effect the demolition, subject to reconstruction of the building at the same place having the same size/extent/area to have it reported forthwith.
5. The learned counsel for petitioner submits that steps are being taken to effect the reconstruction as per Ext.P3 order and that unless the entire building is demolished, the reconstruction cannot be effected at the same place.
6. It is seen that the alleged obstructors are not impleaded in the party array. After hearing both sides, it is made clear that, if there is any threat to the law and order situation, the same shall be looked into and necessary remedial measures shall be taken by the police. It is for the petitioner to effect the reconstruction of the building at the same place, as directed by AEO, as per Ext.P3 and if there is any failure from the part of the petitioner, it is for the educational authorities to take appropriate action against the petitioner in this regard.
This writ petition is disposed of as above.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj