IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32237 of 2010(D)
1. KASI GANESH, AGED 43 YEARS,
... Petitioner
2. C.T.ASOKAN, AGED 44 YEARS,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. M.G.UNIVERSITY,
4. THE PRINCIPAL,
5. THE DISTRICT COLLECTOR,
For Petitioner :SRI.K.P.SREEKUMAR
For Respondent :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 32237 OF 2010
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Dated this the 13th day of January, 2011
J U D G M E N T
Petitioners are President and Vice President of the Parent
Teachers’ Association, Government Boys High School,
Tripunithura. In this writ petition, the relief that they are seeking
is to direct the 3rd respondent, the Mahatma Gandhi University, to
shift the University College of Teacher Education from the school
campus to some other place in order to facilitate smooth
functioning of the High School.
2. Petitioners submit that when the Teachers Training
Center was allotted, for want of other suitable premises,
Government allowed the Training Center to be located in the
school premises. Subsequently, on being satisfied that the school
needed that area also for its smooth functioning, on 26/3/2008,
Government issued Ext.P2 order according sanction for leasing 35
cents of land on the northern boundary of Tripunithura High
School adjacent to the existing Teachers Training Center for a
period of 33 years, for constructing building for the Teacher
Training Center, Tripunithura. Subsequently, there was no
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progress for construction of the Teacher Training Center or
shifting the center from the existing place. Therefore petitioners
made representations to various authorities evidenced by Ext.P3.
Finally, by Ext.P5, the University informed them that, on
completing the construction, they will shift out to the new
premises and vacate from the school campus. By Ext.P6,
University also sought permission of the Government to continue
in the existing premises till University constructs its own building.
Despite all the above, there was no progress in the matter and it
is with that complaint the writ petition is filed seeking the reliefs
mentioned above.
3. On behalf of the 3rd respondent, a counter affidavit has
been filed wherein after substantially admitting the facts stated
by the petitioners, the main difficulty pointed out by the
University is that the land which has been allotted on lease has
not been so far demarcated. It is stated that, therefore, the
University could not obtain building permit or commence
construction of the Teacher Training Center. It is stated that for
getting the land identified and demarcated, steps have been
initiated with the co-operation of the school authorities and the
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Municipal Authorities.
4. Thus the liability to shift out of the existing premises
once the building is constructed in the land ordered to be leased
out by the Government as per Ext.P2 order is an undisputed fact
and the only difficulty that the University faces is that the land
has not been identified and demarcated. Therefore, once that
issue is solved, the University can proceed further, obtain building
permit and start construction and once the construction is
complete, they can shift out to the new premises. This stale mate
can be sorted out if the University solicits the co-operation of the
1st respondent through its revenue officials.
5. Therefore, I direct that, on the production of a copy of
this judgment, the 1st respondent will issue appropriate orders
directing the revenue officials of the locality concerned to identify
the land ordered to be leased out to the University as per Ext.P2
and demarcate the same. This the 1st respondent shall ensure and
complete, as expeditiously as possible, at any rate within 4 weeks
of production of a copy of this judgment. It is directed that once
the land is identified and demarcated as above, the University
shall obtain building permit, commence and complete
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construction and thereafter shift out its Teachers Training Center
to the new premises. This process shall be completed at any rate
within one year thereafter.
6. University is directed to move the 1st respondent for
initiating steps for demarcation and identification of the land as
directed above.
With these directions, the writ petition is disposed of.
ANTONY DOMINIC, JUDGE
Rp