IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 14650 of 2005(R) ------------------------------------ PETITIONER: ------------------- INSTITUTION OF ENGINEERS (INDIA), INCORPORATED BY ROYAL CHARTER 1935, 8 GOKHALE ROAD,KOLKATA, HAVING ITS KERALA STATE CENTRE AT OBSERVATORY HILL TRIVANDRUM-33,REPRESENTED IN THIS PROCEEDINGS BY HON. SECRETARY,THE INSTITUTION OF ENGINEERS (INDIA) KERALA STATE CENTRE OBSERVATORY HILL, TRIVANDRUM, DULY AUTHORISED AND EMPOWERED TO DO SO. BY ADV. SRI.R.S.KALKURA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, REEVENUE `U' DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 3. DISTRICT COLLECTOR, TRIVANDRUM. 4. TAHSILDAR, TRIVANDRUM. BY SR.GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, ALONG WITH WA NO. 2004 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14650 OF 2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ROYAL CHARTER EXT.P2 TRUE COPY OF THE KUTHAKAPATTOM GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P3 TRUE COPY OF GO MS NO.925/59 DATED 26.10.1959 EXT.P4 TRUE COPY OF THE ORDER DATED 29.9.1980 EXT.P5 TRUE COPY OF THE ORDER DATED 18.5.1985 EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 23.5.1997 EXT.P7 TRUE COPY OF THE LETTER DATED 38818 U-1/97/RD DATED 6.6.1997 EXT.P8 TRUE COPY OF THE NOTICE DATED 2.6.1998 EXT.P9 TRUE COPY OF THE EXPLANATION DATED 11.6.1998 EXT.P10 TRUE COPY OF THE NOTICE DATED 3.6.2001 EXT.P11 TRUE COPY OF THE EXPLANATION DATED 21.8.2001 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P12 TRUE COPY OF THE LETTER DATED 21.8.2001 EXT.P13 TRUE COPY OF THE LETTER DATED 22.1.2002 FROM THE 3RD RESPONDENT TO THE PETITIONER EXT.P14 TRUE COPY OF THE LETTER DATED 24.9.2001 ISSUED BY 2ND RESPONDENT EXT.P15 TRUE COPY OF THE LETTER DATED 3.11.2001 EXT.P16 TRUE COPY OF THE LETTER DATED 25.3.2002 EXT.P17 TRUE COPY OF THE RECEIPT ISSUED BY 4TH RESPONDENT EXT.P18 TRUE COPY OF THE LETTER ISSUED BY THE DIRECTOR (EDUCATIONAL EXAMINATION AND ACCREDITATION) INSTITUTION OF ENGINEERS(INDIA) EXT.P19 TRUE COPY OF THE REPRESENTDATION DATED 24.3.2002 EXT.P20 TRUE COPY OF RULE 12(5) OF THE RULE FOR ASSIGNMENT OF LAND WITHIN THE MUNICIPAL AND CORPORATION AREA 1995 EXT.P21 TRUE COPY OF THE INTERIM ORDER DATED 27.11.2003 IN OP NO.8979/2002 EXT.P22 TRUE COPY OF THE NOTICE OF DEMAND DATED 25.10.2004 EXT.P23 TRUE COPY OF GO NO.500/2004 EXT.P24 TRUE COPY OF THE LETTER DATED 23.12.2004 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT WPC NO.14650 OF 2005 - 2 - EXT.P25 TRUE COPY OF THE LETTER DATED 3.6.1997 ISSUED BY THE SECRETARY AND DIRECTOR GENERAL OF PETITIONER TO KERALA CETRE EXT.P26 TRUE COPY OF LETTER NO.FC 1001 DATED 25.5.2004 FROM THE DIRECTOR (FINANCE) OF THE PETITIONER'S HEAD QUARTERS AT KOLKATA EXT.P27 TRUE COPY OF THE REPRESETATION DATED 29.1.2005 EXT.P28 TRUE COPY OF THE REPRESENTDATION DATED 28.2.2005 EXT.P29 TRUE COPY OF THE ACKNOWLEDGEMENT GIVEN BY THE RESPONDENTS IN EXTS.P26 AND P27 EXT.30 TRUE COPY OF THE NOTICE DATED 22.1.2005 EXT.P31 TRUE COPY OF GOVERNMENT ORDER DATED 30.4.1952 EXT.P32(A) TRUE COPY OF THE PRESS REPORT IN HINDU DAILY DATED 12.5.2005 EXT.P32(B) TRUE COPY OF THE PRESS NOTE IN THE NEW INDIAN EXPRESS DAILY DATED 12.5.2005 EXT.P32(C) TRUE COPY OF THE PRESS REPORT IN THE NEW INDIAN EXPRESS DAILY DATED 12.5.2005 RESPONDENTS' EXHIBITSE: ANNEXURE A TRUE COPY OF GOVERNMENT ORDER NO.G.O.(MS) NO.1025/85/RD DATED 19.12.85 ANNEXURE B TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.566/95/RD DATED 13.11.95 ANNEXURE C TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.126/ 2004/RD DATED 14.5.2004 / true copy / C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.14650 of 2005 .................................................................... Dated this the 18th day of December, 2007. ORDER Heard in part. 2. The petitioner is in this court with the second writ petition challenging increase in lease-rentals and for retaining valuable Government land of about one acre in a prime area in Trivandrum city on payment of paltry rent. Even though the dispute pertains to arrears of rent, in the course of hearing, this court felt that if the Government does not get market rate of rent, it should recover the land and use it for better purposes because under the current dispensation, petitioner's use does not serve any public purpose. The arrears of rent as on 31.3.2004 was Rs.1.68 crores. Even though this court in O.P. No.8979/2002 directed payment of Rs.16 lakhs, petitioner did not make payment and the Government did nothing even after default. 3. Even though the District Collector was called upon to conduct enquiry and file a report on various aspects in this court by order dated 26.9.2005, he filed an indifferent report after collecting information through the Tahsildar. Therefore, this court vide order dated 16.11.2005 called for 2 report from the Secretary to Government, Revenue Department. Though a report is promptly filed by the Additional Chief Secretary on 29.11.2005, it is not much of an improvement over the Collector's report. Apart from furnishing the details of arrears of rent, the Additional Chief Secretary has not answered the main query raised by this court which is on policy matter as to whether the educational activities carried on by the petitioner has any relevance currently because of the availability of large number of Engineering Colleges in the private and Government sector in the State offering courses in all Engineering subjects. Moreover, petitioner is admittedly letting their building to others on rent which means that the facilities are not for their own use. In any case the question is whether continued occupation of valuable property by the petitioner without payment of market rent serves public interest. Since the report submitted by the Additional Chief Secretary also does not help this court to dispose of the case, I direct the Chief Secretary to conduct enquiry and get the decision of the Government on all matters raised by this court in the earlier two orders and this order. The Advocate General will forward copies of orders of this court dated 26.9.2005 and 16.11.2005 and get a report from the Chief 3 Secretary about Government's decision which should be filed within one month from now. Post along with O.P. No.8979/2002. Issue copy to the Advocate General. C.N.RAMACHANDRAN NAIR Judge pms