Kerala High Court
D.J.JAGANNADHA RAJU
Parent Teacher Association, Maharajas College - Appellant
Versus
State of Kerala - Respondent
Decided On : 02/14/1995
O.P. - Quashing Ext. P3 order - Kerala Land Assignment Act, 1960, Rule 24 - Ext. P1 order assigned land to Kerala History Association - Ext. P3 modified condition No. 6 of Ext. P1 order - Ext. P3 order issued under political pressure - Ext. P3 order does not conform to Rule 24 - Writ Petition filed challenging Ext. P3 order - Writ Petition not maintainable against the fourth respondent - Ext. P3 order not issued in public interest - Writ Petition filed on the basis of newspaper reports - Petitioners have locus standi to file the Writ Petition
Fact of the Case:
The Kerala History Association was assigned land for construction of a building. Ext. P3 modified condition No. 6 of Ext. P1 order to enable the association to raise funds for construction. The construction of a hotel complex on the land led to a Writ Petition being filed challenging Ext. P3 order.
Finding of the Court:
The Writ Petition is not maintainable against the fourth respondent. Ext. P3 order was not issued in public interest. The Writ Petition was filed on the basis of newspaper reports. The petitioners have locus standi to file the Writ Petition.
Issues: 1. Whether a Writ Petition would lie against the fourth respondent? 2. Whether Ext. P3 is liable to be challenged on the ground that it does not prima facie show that it is issued in public interest? 3. Whether Ext. P3 order which relaxes condition No. 6 of Ext. P1 order is vitiated in any manner or whether it is genuine and bona fide order?
Ratio Decidendi: A Writ Petition is not maintainable against the fourth respondent. Ext. P3 order was not issued in public interest. A Writ Petition can be filed on the basis of newspaper reports. The petitioners have locus standi to file the Writ Petition.
Final Decision: The O.P. is dismissed. The respective parties shall bear their own costs. Advocate fee fixed at Rs. 1000/-.
This O.P. is filed by three associations for quashing Ext. P3 order dated 27-10-1993 modifying condition No. 6 in Ext. Pl order dated 12-10-1973. The ancillary reliefs prayed for are: (1) directing respondents to forbear from giving effect to Ext. P3 order; and (2) to issue a writ of mandamus to the fourth respondent to forbear from constructing any multi-storied building on the land allotted to the Kerala History Association, the fourth respondent by Ext. P1 order and in the area encroached by the fourth respondent from out of the College campus.
2. Considering the lengthy Original Petition, the counter-affidavits and the reply-affidavits, I feel it would be sufficient if the cardinal facts are stated for appreciation of the controversy involved in this case. The Kerala History Association was started long ago by eminent history teachers and historians. It was originally given some facilities for conducting its activities in the buildings of the Maharaja's College. Subsequently, as the activities of the Kerala History Association expanded, the fourth respondent-association became a registered association in 1965. As its activities expanded, the fourth respondent approached the Government for allotting a site so that it can construct a building for the purpose of the association, its functions and its library. The request of the association was recommended by the head of the department of History and the Principal of the Maharaja's College, Ernakulam. The District Collector also recommended it and then by G.O. 817/73/RD dated 12-10-1973 five cents of land comprised in Sy. No. 719 of Ernakulam Village was transferred from the Education Department to the Revenue Department and it was assigned to the Kerala History Association, free of cost, for construction of a building. The order imposes certain conditions. Ext. PI is the order. First a tiled building was constructed on the site assigned and subsequently, the fourth respondent tried to construct a pucca building. It made various efforts to raise funds. Then it approached the Government, through the District Collector, first seeking permission to mortgage the site to a nationalised bank so that money can be raised for construction of a building. That permission was granted. But no nationalised bank came forward to help the fourth respondent with fund. Then another effort was made and the fourth respondent requested the Government to modify the order dated 12-10-1973. On that request being considered as a genuine and as one supported by the recommendation of the District Collector, Ext. P3 order dated 27-101993 was issued modifying condition No. 6 of Ext. P1 order. The trouble started after Ext. P3 order was issued. On 16-12-1993 the Indian Express, Cochin Edition, published a news-item to the effect that the fourth respondent-association has entered into an agreement with a leading hotelier in the City for the construction of a hotel complex in the land owned by the Kerala History Association. Several other newspapers also gave publicity to this news-item. Immediately, the Principal of the Maharaja's College sent Ext. P5 letter to the Director of Collegiate Education and requested the Director to move the Government to direct the Kerala History Association to return the land to the College as the College is having acute shortage of land for further development. The College Development Committee also met on 24-1-1994 and requested the Government to take urgent steps to stop the construction of the hotel complex inside the College Campus. It was alleged that the construction of the hotel complex in the College premises would disturb the campus life and the academic atmosphete. By reason of the protest of the students and other organisations, the fourth respondent, stopped the conptruction of the hotel complet till the College was closed for the summer vacation. During the summer vacation the construction activities commenced and there was wide publicity in the newspapers o
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