Article 226 and 227 of the Constitution of India empowers High Courts to exercise supervisory jurisdiction over local state authorities: The High Court of Kerela
It lies within the supervisory jurisdiction of the High court under Article 226 and 227 of the Constitution to direct local state authorities to issue or expedite the process of issuing certificates in accordance with law as soon as possible. The aforementioned was the premise adopted by the Kerela High Court while deciding the case of P.Muralidharan v. Kadambur Grama Panchayath and Ors. [WP(C) NO. 12113 OF 2021] which was adjudicated by a single judge bench comprising Justice C.S. Dias on 11th June 2021. The facts of the case are as follows. The petitioner is the Manager of the Kadambur Higher Secondary School at Kannur, which was established in the year 1899 and was subsequently upgraded as a U.P School on 1.6.1958. In 2004, the petitioner wanted to start a Teachers Training Institute, which as per the requirement of National Council for Teachers Education required a separate building to cater to which, the petitioner approached the Secretary, Kadambur Grama Panchayath (second respondent). However, the second respondent stated that there was no need for prior permission as per the Kerala Municipal Building Rules since it was not extended to the Kadambur Panchayat. Accordingly, as there was no requirement to obtain prior permission from the Panchayat, the petitioner constructed the building in the year 2006. Consequently, on the implementation of the Kerela Municipal Building Rules in the Panchayat the Teacher Training Institute which was converted into a High School in 2010 was required to produce a building fitness certificate. Hence, the petitioner submitted a request before the Assistant Engineer, LSGD section of the Kadambur Panchayat to issue a fitness certificate, but the second respondent rejected the request following which the petitioner filed an appeal with the Tribunal for Local Self Government (third respondent) in the year 2019. There was an inordinate delay on the part of respondent 3 and the appeal was adjourned to 7th September 2021. On the other hand, the petitioner was being scrutinized by the Education Department for not complying with the direction of its Regional Deputy Director. Hence the petitioner sought a direction to the third respondent to consider and dispose of appeal within a time frame.
IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY THE 11TH DAY OF JUNE 2021 21ST JYAISHTA 1943 WP(C) NO. 12113 OF 2021 P.MURALIDHARAN AGED 52 YEARS MANAGER KADAMBUR HIGHER SECONDARY SCHOOL KADAMBUR KANNUR 670 663 GEORGE POONTHOTTAMHAVING COME UP FOR ADMISSION ON 11.06.2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.121121 C.S.DIAS J WP(C) No.121121 Dated this the 11th day of June 2021 The petitioner seeks a direction to the third respondent to consider and dispose of Ext P3 appeal within a time frame The petitioner has averred in the writ petition that he is the Manager of the Kadambur Higher Secondary School at Kannur which was established in the year 1899 The School was subsequently upgraded as a U.P School on 1.6.1958 and thereafter as an Higher Secondary School in the year 2000. The School has around 7700 students In 2004 the petitioner wanted to start a Teachers Training Institute. As the National Council for Teachers Education had insisted for a separate building the petitioner had approached the second respondent seeking permission for the same. However the second respondent stated that WP(C) No.121121 there was no need for prior permission as per the Kerala Municipal Building Rules since it was not extended to the Kadambur Panchayat. Accordingly as there was no requirement to obtain prior permission from the Panchayat the petitioner constructed the building in the year 2006. Subsequently the Kerala Municipal Building Rules was implemented in the said Panchayat. In the year 2010 the Teachers Training Institute was closed and Higher Secondary Wing of the School was shifted to the building. While so the Regional Deputy Director issued a direction to all Higher Secondary schools to produce fitness certificate of the buildings. Ergo the petitioner submitted a request before the Assistant Engineer LSGD section of the Kadambur Panchayat to issue a fitness certificate but the second respondent rejected the request by Ext P2 order. Aggrieved by Ext P2 order the petitioner has preferred Ext P3 appeal before the third respondent as early as in the year 2019. Nevertheless WP(C) No.121121 there is inordinate delay on the part of the third respondent in considering Ext P3 appeal. The appeal has been adjourned to 7.9.2021. The petitioner is being scrutinized by the Education Department for not complying with the direction of its Regional Deputy Director. Hence the petitioner seeks a direction to the third respondent to consider and dispose of Ext P3 appeal within a time frame. 3. Heard the learned Senior Counsel appearing for the petitioner and the learned Government Pleader appearing for the third respondent Taking into consideration the fact that Ext P3 appeal has been filed by the petitioner before the third respondent as early as on 22.10.2019 and the same is still pending consideration and also the fact that the Educational Department has directed the petitioner to produce fitness certificate in respect of the building in exercise of the supervisory powers of this Court under WP(C) No.121121 Article 226 and 227 of the Constitution of India I direct the third respondent to consider Ext P3 appeal in accordance with law as expeditiously as possible and at any rate within a period of one month from the date of production of a copy of this judgment The writ petition is ordered accordingly C.S.DIAS JUDGE WP(C) No.121121 APPENDIX OF WP(C) 12113 2021 TRUE COPY OF THE CERTIFICATE NO.B4 547 2004 DATED 31.7.2004 ISSUED BY THE FIRST RESPONDENT TRUE COPY OF THE LETTER NO.C 3615 19 DATED 24.9.2019 ISSUED BY THE FIRST RESPONDENT TRUE COPY OF THE APPEAL NO.731 2019 (LSGD FILED BY THE PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS 