High CourtsDivision Bench(2010) 12 KL CK 0081

Vincent vs State of Kerala and Others

High Court Of Kerala · Decided on 14 December 2010

HON’BLE JUDGES
Jasti Chelameswar, C.J · P.R. Ramachandra Menon, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 37188 of 2010 (S)

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Judgment

6 paragraphs · 212 words

J. Chelameswar, C.J.—The writ petition is filed with the prayers as follows:

i) Issue a Writ of Mandamus or any other writ or order or direction, directing the Respondents 1 to 4 to ensure that the unauthorized functioning of the 5th Respondent school be stopped forthwith;

ii) Issue a Writ of Mandamus or any other writ or order or direction, directing the Respondents 1 to 3 to ensure the proper continuous study of the students in the 5th Respondent school.

iii) Issue such other reliefs as this Hon''ble Court may deem fit and proper in the facts and circumstances of the case.

2.

The Petitioner complains that the 5th Respondent school located next to the residential building of the Petitioner is established and being conducted without obtaining the necessary permits under law. It is also the complaint of the Petitioner that ".......... the Petitioner, who is the adjacent land owner is suffering from noise and other effluents from the school" that is created by the children studying in the school.

3.

Obviously, the Petitioner who has a private and personal grievance against the 5th Respondent school cannot be heard to say that there is some public interest in the matter. In the circumstances, the writ petition is dismissed at the admission stage.