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2022 Supreme(Online)(KER) 16240
HIGH COURT OF KERALA
V. G. Arun, J
FELIX BABU – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/9382/2022
BINU GEORGE, HEMALATHA, S.REJITH (SPL.GP), A.A.G., M.R.SASITH, SUNIL JACOB JOSE, P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR, S.K.ADHITHYAN, SABU PULLAN, GOKUL D. SUDHAKARAN, S.RENJITH (SPL.GP), C.RAJENDRAN, B.K.GOPALAKRISHNAN, SIJU KAMALASANAN
Public interest and suitable location for court complexes take precedence in land allocation disputes, overriding prior arrangements when better alternatives are available.
Headnote:
Land - Judicial Complex - Kerala Panchayat Raj Act - Section 279(2), 272 - The court evaluated land allotment for a judicial complex against existing regulations, finding the Municipality's land more suitable for public access than previously proposed land, supporting governmental and judicial efficiency.
Fact of the Case:
This case involves the allocation of land for the construction of a judicial complex in Karunagappally, where the Thazhava Grama Panchayat previously surrendered land for the project. After procedural delays, alternative land from the Karunagappally Municipality was proposed and contested by various stakeholders.
Finding of the Court:
The court found that the Karunagappally Municipality's land was more suitable due to its location and size, and the previous proposals had not progressed effectively. The court concluded that it would not interfere with the decision made by the stakeholders regarding the construction site.
Issues: The primary issue was whether the judicial complex should be built on land surrendered by the Thazhava Grama Panchayat or land from Karunagappally Municipality, given the legal impediments and public interest considerations.
Ratio Decidendi: The judgment emphasized that the decision-making process regarding the location of the court complex involved thorough consultations and considerations of public interest and therefore justified accepting the Municipality's offer despite earlier proposals being dropped.
Final Decision: Writ petitions dismissed; the government to expedite the transfer of land from the Municipality for the judicial complex.
COMMON JUDGMENT
The issue involved in this writ petition is regarding the identification and allotment of land for the construction of judicial complex at Karunagappally.
2. The essential facts are as under:- Of the five Courts in Karunagappally, the Judicial First Class Magistrate Court and Munsiff's Court are functioning in the Mini Civil Station situated in the heart of the town. The Sub Court and the Fast Track (POCSO) Court are functioning in rented buildings. The Family Court is located at Kuttivattom in Panmana Grama Panchayat at a distance of more than 5 Kms from the civil station. A portion of the Mini Civil Station building will eventually be demolished for widening the National Highway. That will disrupt the functioning of the Magistrate and Munsiff's Court, which are, even otherwise, reeling under space constraint. There has been a long standing demand for construction of a court complex in Karunagappally. So that all courts can function within one building. The correspondence in this regard between the District Judge, Kollam and the revenue officials started long back. As matters stood thus, the Thazhava Grama Panchayat, as per its decision dated 18.07.2017, decided to allot 39.47 Ares of land for constructing the court complex. The proposed land was found suitable for constructing the court complex. At the Panchayat’s request, the Government, as per G.O.(P) No.55/2018/LSGD dated 6.7.2018 decided to exempt the proposed land from the purview of Section 279 (2) of the Kerala Panchayat Raj Act and to make the land available for constructing the court complex. Thereafter, availability of the land was brought to the notice of the Administrative Judge-in-charge on 17.10.2019. After that, things did not progress as expected. This ultimately resulted in the proposal being dropped. This was intimated to the Government vide letter dated 13.08.2019.
3. In the meanwhile, representation was received from one A.Ajayakumar, stating that 149 cents of land in Karunagappally village belonging to the Kallada Irrigation Project is available for construction of the court complex. This was intimated to the Government as per letter dated 13.08.2019. Later, the District Collector, vide letter dated 31.12.2020, informed the District Judge that the Director of IHRD had intimated that the IHRD will not surrender the land to the judicial department. Hence, that proposal was also dropped.
4. The Thazhava Panchayat kept on requesting the District Judge, Kollam to proceed with steps for construction of the court complex in the property surrendered by the Panchayat. This prompted the issuance of a letter to the Government to transfer the land owned by the Thazhava Grama Panchayat to the revenue department and subsequently to the Judicial department for constructing the court complex.
5. While things stood thus, the Karunagapally Municipal council decided to surrender 1 Acre and 9 cents of land purchased by it to the judicial department for constructing the court complex. The property offered by the Municipality was purchased by it under a sale deed dated 25.03.2014 and is therefore in the absolute possession and ownership of the Municipality. The Municipality having expressed its willingness to allot land within Karunagappally town for construction of court complex, the offer was discussed by the Administrative Judge-in-charge of Kollam District with other stakeholders and the land was found to be most suitable. The Municipality’s request for transferring its land to the judicial department is pending before the finance department of the Government. 6. WP(c) No.14395 of 2021 is filed by a practicing lawyer of Karunagappally Bar, who wants the court complex to be constructed in the land surrendered by the Thazhava Grama Panchayat. WP(C) No.19727 of 2021 is also filed by a member of the Karunagappally Bar Association, who wants the Court complex to be constructed in 1.5 Acres of land situated in Block No.10 of Karunagappally village. WP(C) No.5889 o
