Point of Law: Sub-section (3) of Section 30 clearly states that the Government shall, as soon as may be after the coming into force of Act 1994, transfer all institutions, schemes, buildings, other properties, assets and liabilities connected with the matters mentioned in the First Schedule to the Act, to the Municipalities concerned.

JUDGMENT :

Petitioner is a resident of 4th ward of the Aluva Municipality, the 1st respondent, and residing very near to the Government LP School, Thottakkattukara.

2. According to the petitioner, as the school was forced to be stopped on account of the dearth of required number of students, a part of the school building was given for the conduct of an Anganvadi. The said Anganvadi was functioning in the building, till it was shifted to the new building constructed with the aid of MLA fund in the same ward in the year 2005. In the other portion of the school building, 'Saksharatha Mission’ was functioning.

3. On the strength of Ext. P1 decision of the Municipal Council dated 18.11.2008 bearing No. XIX, the 2nd respondent, the Kerala State Centre for Advanced Printing and Training, Thottakkattukara, Aluva, started functioning by occupying eastern half of the premises of the school building, leaving the other half to be occupied by Saksharatha Mission. During the year 2013, activities of Saksharatha Mission had to be stopped, and thereupon the 2nd respondent started to occupy the whole building without concurrence and consent of the officers of the Saksharatha Mission or the 1st respondent Municipality.

4. Even though a complaint was launched against the 2nd respondent, no action was taken by the 1st respondent Municipality, and therefore the whole building is now occupied by the 2nd respondent unauthorizedly.

5. The Municipal Council of the Aluva Municipality has passed a resolution dated 05.07.2013, whereby it has been decided to utilize the balance portion of the school building to shift the Anganvadi No. 4 attached to ward No. 4 of the 1st respondent Municipality.

6. However the grievance of the petitioner is that the Aluva Municipality has not taken stern action in order to shift the Anganvadi to the erstwhile school building. Other legal contentions are also raised against the action of the 2nd respondent occupying the premises, relying upon the provisions of the Kerala Municipality Act and the vesting of the public properties in the municipality consequent to the introduction of the Municipality Act, 1994. It is also contended that as per Schedule I of the Kerala Municipality Act, 1994, the public properties are to be administered by the Municipality, and therefore the Municipality is the authority vested with powers for protection of the public property from encroachment and maintenance of the public properties.

7. Therefore according to the petitioners, the action of the 2nd respondent encroaching into the erstwhile school building is liable to be removed and the building shall be recovered for the purpose of running Anganvadi No 4 at ward No. 4, of the Municipality, which according to the petitioner is being conducted in a dilapidated structure.

8. The 2nd respondent has filed a detailed counter affidavit refuting the allegations made by the petitioner. Among other contentions, it is stated that it was on the basis of the resolution passed by the Aluva Municipal Council to release a portion of the closed down premises of the Government LP School, Thottakkattukara for running the sub center, the 2nd respondent occupied the premises with a condition that it would be given the vacant possession, when the Municipality requires the building in future. The Municipal Secretary, Aluva has forwarded the resolution to the Deputy Director of Education, Aluva, the 4th respondent, that the building was handed over to the 2nd respondent evident from Exts. R2(a) to R2(c).

9. It is submitted that after taking possession, the sub center started functioning in the building in question. It is further submitted that the building did not have any electric connection or water connection and everything had to be arranged by the 2nd respondent, after obtaining no objection certificate from the Aluva Municipality.

10. That apart it is pointed out that even though shifting of the center to the school premises was completed, the whole building was in a di