Deputy Director of Education or the Department of Women and Child Development with the Education Department or the Director General of Public Instructions will take decision whether Anganwadi will be allotted a new place or will have alternate accommodation if the old building is being demolished and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE MRS. JUSTICE ANU SIVARAMAN in the case of THE PARENT TEACHER ASSOCIATION vs. THE COMMISSIONER OF POLICE (WP(C) NO. 6920 OF 2022) on 23rd March, 2022.
Brief Facts of the case are that that the petitioner had been given a contract for demolition of a building of the Government L.P.School by tender. And on the ground that an Anganwadi is functioning in the open veranda of Block No.2., respondents 3 to 8 are obstructing the demolition the said block. This writ petition is filed seeking direction to respondents to afford police protection to the petitioner, his workers, staff, machines & vehicles to carry out the demolition work awarded to him.
Learned counsel for petitioner submitted that an Anganwadi was functioning in the premises with the knowledge of the Director of Public Instructions, who had passed order 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. And 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.
Respondent’s counsel 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. Exhibit would show that a letter had been issued by the District Women and Child Development Officer, Kozhikode also seeking stoppage of the demolition. 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.
Court held 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. There will 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.
Judgment reviewed by – Amit Singh