Court may set aside overreaching judicial directions if not sought in petition or premature.

SHRI.S.P.ARAVINDAKSHAN PILLAY, SC, DISTRICT PANCHAYATH PATHANAMTHITTA SHRI.K.SHAJ, SC, KADAMPANAD GRAMA PANCHAYAT SHRI.GEORGIE JOHNY, SC, KERALA WATER AUTHORITY THIS WRIT APPEAL WAS FINALLY HEARD ON 30.03.2026, THE COURT ON 19.05.2026 PASSED THE FOLLOWING:

JUDGMENT

Muralee Krishna, J.

The respondents 5 to 7 in W.P.(C)No.19170 of 2014 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 11.04.2024 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the 1^st respondent is the President of the Parents Teacher Association of the 3^rd respondent school, and the 2^nd respondent is its Managing Committee Member. The 3^rd respondent is a lower primary school, situated on 50 cents of land, where nearly 100 students are studying in classes 1 to 4, mainly SC/ST students. In the middle of the courtyard of the school, the respondents 4 and 5, the District Panchayath and Kadampanad Grama Panchayath, are attempting to construct a water tank, without obtaining permission from the school authorities or its higher authorities, as evidenced by Ext.P7 communication dated 18.07.2014 issued by the 2^nd appellant. On 13.07.2014, a Sunday, using a JCB, a deep pit had been formed in the courtyard by the 5^th respondent in which, during the monsoon period, water is being stored and is a threat to the life of the students. If the construction is permitted to continue, the extent of the school will be substantially reduced, and the playground will vanish. Therefore, the respondents 1 and 2-petitioners are constrained to file W.P.(C) No.19170 of 2014 under Article 226 of the Constitution of India, seeking a writ of mandamus restraining the District Panchayath, Pathanamthitta, and Kadampanad Grama Panchayat from constructing water tank or such other constructions, without the permission of the educational authorities within the compound of the G.W.L.P.

School, Thuvayoor South.

3. In the writ petition, the 6^th respondent Assistant Engineer of the Water Authority, Adoor Division, filed a statement dated 19.08.2014 stating that Kerala Water Authority is only an implementing agency to execute the work of construction of an overhead tank in the compound of G.W.L.P School, Thuvayoor. To that statement, respondents 1 and 2- writ petitioners filed a reply affidavit dated 26.08.2014, producing therewith Exts.P13 to P15 documents. The 1^st appellant Deputy Director of Education, Pathanamthitta, filed a counter affidavit dated March 2015 by producing therewith Exts.R6(a) to R6(f) documents.

4. After hearing both sides and on appreciation of materials on record, the learned Single Judge disposed of the writ petition by the impugned judgment dated 11.04.2024. The operative portion of that judgment reads thus;

“Therefore, this writ petition is disposed of with following directions to the State Government:

1. The State of Kerala shall issue norms/guidelines in tune with Chapter IV Rule 3(2) of KER about the extent of playground necessary in each category of schools mentioned in Chapter IV Rule 1 and also the facilities required in school playground. The above norms/guidelines shall be issued by the Government within four months from the date of receipt of a copy of this judgment.

2. Once the above norms/guidelines are issued, the educational authorities shall see that all the schools in the State are following the same and if any of the schools is not following the same, after giving sufficient opportunity and time to them, stringent action including closure of the school should be ordered.

3. The Registry shall forward a copy of the judgment to the Secretary, General Education Department, State of Kerala, forthwith.”

5. Being aggrieved by the