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2024 Supreme(Ker) 219

DEVAN RAMACHANDRAN
SNDP Yogam Sakha – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R. Sunil Kumar, A. Salini Lal.
For the Respondent: Sunil Kumar Kuriakose.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioner seeks that the Open Air Auditorium of the Government High School, Mananthala, be made available to them for the purpose of a religious function, attached to the Anandavalleswaram Temple.

2. Sri. R. Sunil Kumar - learned counsel for the petitioner, submitted that the requested activity will be conducted only after the school hours and that there is no reason why the Headmistress of the School should have issued Ext.P4, denying such permission, particularly when, as evident from Ext.P5 photographs and many other inputs that can be made available, the school grounds had been allowed to be used for various other activities by other organizations in the past. He submitted that, therefore, Ext.P4 is illegal and liable to be set aside.

3. I must say upfront that the afore arguments of Sri. Sunil Kumar can never appeal to this Court because, it is non-negotiable that the properties of a school - especially its grounds - be used only for the benefit of the students and for no other. In fact, this is exactly what the Headmistress has said in Ext.P4, though she says that she is stating so only because of the earlier orders of this Court.

4. There

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