Ashok Bhushan, J.

1. The petitioner claims to be an environmental educator. The Writ Petition has been filed by the petitioner challenging an order of the State Government by which the State Government has granted permission for leasing out 2 acres of land to the Thiruvananthapuram Development Authority (hereinafter referred to as 'TRIDA') for construction of a bus-bay and shopping complex out of 5.5. acre land of the Government Central High School, Attakkulangara, Thiruvananthapuram. Brief facts of the case and pleadings are:

"A school named 'Native High School' was established in 1889 at East Fort in Thiruvananthapuram, which has been established in a compound of 5.5 acres of area in Manakkad Village. The school has been renamed as the Government Central High School, Attakulangara, Thiruvananthapuram. It is pleaded that in the school there are about 32 species of trees numbering about 100. There are herbal plants and rich bio-diversity. It is stated that the land in the heart of city is the green lung of the Thiruvananthapuram city. Photographs of the High School containing pictures of large number of trees in the compound have been produced along with the Writ Petition. The State of Kerala took a decision on 3.5.2013 on a request made by the District Collector, Thiruvananthapuram for transferring 2 acres of land to TRIDA for construction of bus-bay and commercial complex. The Government decided to convey 2 acres of land of the school for 30 years. Certain terms were mentioned in the order, including that the trees standing in the land shall not be cut and removed without obtaining prior consent from the Revenue Department. The petitioner, aggrieved by the said decision, has come up in the Writ Petition praying for the following reliefs:

"I. To issue writ, direction or order in the nature of certiorari calling for the records leading to Exhibit P3 order and quash the same.

II. To issue a writ, direction or order in the nature of mandamus commanding the respondents not to proceed with any project concerning the government Central High School, Attakkulangara, Thiruvananthapuram unless and until an environment impact assessment is conducted by an accredited agency;

III. To issue a writ, direction or order in the nature of mandamus commanding the 1st respondent to consider Exhibit P2 report of Tree Walk on the Government Central High School, Attakkulangara, Thiruvananthapuram before taking any development activities in the said school;

IV. Such other reliefs which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case so as to protect the natural serenity of the Government Central High School, Attakkulangara, Thiruvanthapuram."

2. Learned counsel for the petitioner Sri. P.B. Sahasranaman, challenging the decision of the State Government, submitted that the decision of the State Government transferring the 2 acres of land to TRIDA is illegal. It is submitted that Section 5B of the Kerala Education Act, 1958 (hereinafter referred to as 'the Act') contains the restriction on alienation of property of Government schools. In view of the statutory prohibition contained in Section 5B of the Act, the State Government could not have transferred 2 acres of land of the Government school. It is further submitted that construction of bus-bay and commercial complex shall necessitate cutting of large number of trees from the school compound, which shall affect the environment. It is submitted that in the compound of the school, no commercial building can be directed to be constructed by the State Government.

3. A counter affidavit has been filed by the State of Kerala stating that the Government accorded sanction for transfer of 2 acres of land out of 5.5 acres of land in possession of the school for construction of bus-bay, mobility hub and commercial complex. It has been stated that the TRIDA has stated that they need to cut less than 10 trees only for the new construction and that the