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2014 DIGILAW 974 (KER)

Amal Public School Represented by the Manager, M. A. Moosa v. State of Kerala

2014-11-28

A.MUHAMED MUSTAQUE

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JUDGMENT A. MUHAMED MUSTAQUE, J. 1. This writ petition is directed against Ext.P24 order passed by the Government, refusing to reclaim a portion of the paddy land for the purpose of the road leading to the school. 2. In terms of Section 10 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the Government can grant exemption to convert or reclaim a paddy land on the basis of the report submitted by the State Level Committee for public purpose. The State Level Committee under Section 8(3) shall scrutinize each application recommended by the Local Level Monitoring Committee for filling up of the paddy land for the public purpose. The public purpose is defined under Section 2 (xiv) as follows:- "Public purpose means purposes for the schemes undertaken or financed by the Centre- State Governments, Government-Quasi-Government Institutions, Local Self Government Institutions, Statutory Bodies and other schemes as may be specified by the Government from time to time." 3. In this matter, the Local Level Monitoring Committee recommended the petitioner's application for reclaiming a portion of the paddy land for the purpose of the school. The Government rejected the petitioner's application on the ground that the need of the petitioner would not fall within the definition of the public purpose. Therefore, only question is whether the need of the petitioner is public or not. 4. There is no dispute in this case about the requirement to create a road to the school. This is so discernible from Ext.P13 report of the Local Level Monitoring Committee. In the report, it is stated that the road can be created on the eastern side of the property very close to the school property and the application can be recommended subject to accommodating such need under the law. Thereafter, the matter reached to the Government for its decision. The Government after adverting to the definition of the public purpose declined the request. 5. Public purpose essentially defined the purpose for the scheme is undertaken by the Central or State Government, Local Self Government Institutions and the statutory bodies. This meaning clearly indicative of the fact that exemption can be granted only in the public interest to sub-serve the interest of the public at large. The education is a State function. The State discharge the above function through private body or other bodies. This meaning clearly indicative of the fact that exemption can be granted only in the public interest to sub-serve the interest of the public at large. The education is a State function. The State discharge the above function through private body or other bodies. The education is not considered as a commercial or profit making activities. It is a charitable or philanthropic activities. It has been declared under the Right of Children to Free and Compulsory Education Act, 2009 that the students in the age group of 6 to 14 years, have the fundamental rights to the education. Therefore, the education falls within the meaning of the purpose within the scheme undertaken by the Government. If the education is identifiable as one which normal course the State would have discharged or undertaken, necessarily, this would fall within the meaning of the public purpose. Since the petitioners are not engaged in commercial activities to sub-serve any private interest, I do not find any impediment in recognizing the activity discharged by the petitioner for the purpose of satisfying the meaning of the public purpose as envisaged by the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Accordingly, Ext.P24 is set aside and there shall be a direction to the first respondent to grant exemption to the petitioner in the light of the report of the Local Level Monitoring Committee produced as Ext.P13, if there are no other impediments in granting exemption other than the one adverted as above. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.