IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 15559 of 2008(B) -------------------------- PETITIONER(S): ---------------------- SREE VIDYA VARDHAKHA HIGH SCHOOL REPRESENTED BY THE MANAGER, T.PREMA K.BHAT, MIYAPADAVU, KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KASARAGOD. 4. THE TAHSILDAR, KASARAGOD. 5. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. GOVERNMENT PLEADER SRI.T.MUHAMOOD FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 15559/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 24.2.2008 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.3.2008 TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMMUNICATION DATED 29.3.2008 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE COVERING LETTER DATED 29.3.2008 ISSUED BY THE THIRD RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 26.12.2007 PASSED BY THE SECOND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.15559 of 2008 --------------------------------------------- Dated this the 23rd day of June, 2010 JUDGMENT The petitioner is Sree Vidya Vardhakha High School, an aided High School, having High School section only. It is stated that the school was started in the year 1966. The school is situated in R.S.No.30/6 A of Meenja Village in Kasaragod Taluk. It is stated that adjacent to the school compound, larger extent of Government properties are available as purampoke land. 2. The petitioner applied to the Government for assignment of an extent of 3.78 acres of land. The application was routed through the District Educational Officer, Kasaragod. It is stated that the Tahsildar and District Collector reported that the request made by the petitioner is genuine. The files were forwarded to the Land Revenue Commissioner who forwarded the same to the Government. It is stated that since the petitioner did not get any information, he applied under the Right to Information Act to the Tahsildar who issued Ext.P1 dated WPC No.15559/2008 2 24.2.2008 to the petitioner stating that the application for assignment was rejected by the Land Revenue Commissioner as per letter dated 26.12.2007. The petitioner again applied under the Right to Information Act to the District Collector, Kasaragod to supply copy of the letter referred to in Ext.P1. Thereafter, the petitioner received Ext.P5 from the District Collector. Ext.P5 is a letter issued by the Land Revenue Commissioner to the District Collector in which it is stated that the proposal for assignment of land was rejected by the Government and the records were sent back. The order passed by the Government was not communicated along with Ext.P5. It is not produced along with the counter affidavit also. It is not known whether the Government has properly considered the matter. The contention of the petitioner is that he was not heard by any of the authorities before rejecting the application for assignment of land. 3. The prayer in the Writ Petition is to quash Ext.P5 order and to issue a writ of mandamus commanding the Commissioner for Land Revenue to hear the petitioner and pass WPC No.15559/2008 3 fresh orders. There is also a prayer for declaration that the petitioner is entitled to the assignment of an extent of 3.78 acres of land. 4. The Under Secretary, Revenue Department has filed a counter affidavit. In paragraph 2 of the counter affidavit, it is stated as follows: “The Manager, Vidya Vardhaka High School, Meeyapadavu of Meenja Village had applied for assignment of 3.78 Acres of land in R.S. No. 30/1 C2, 29/1B1B3, 30/1E1A1H and R.S. No.30/1E1AM of Meenja Village for the purpose of school play ground. Out of the above 3.78 acres of Land 0.71 Acres of Land in R.S.No.30/1C1 has already been de-reserved from SC/ST category to G.A. Category as per District Collectors proceedings No.C2-47084/86 (1) dated 6.6.90. From the remaining lands measuring 1.74 acres in R.S.No.29/1B1B3, 1.20 acres in R.S.No.30/1E1A1H and 0.13 acres in RS No.30/1E1AM of Meenja Village is set apart for public purpose category and which is de- reserved and made available for assignment under GA category and proposed in favour of WPC No.15559/2008 4 the Manager Vidhya Vardhaka High School Meeyapadavu as per the proceedings No.C2- 30102/04 dated 16.2.2006. These procedures were taken under the provisions of Institutional Assignment Rules, and KLA Act, 1964 in favour of the petitioner of the above Writ Petition.” 5. From the counter affidavit, it is, prima facie, clear that the land is available for assignment. However, in paragraph 5 of the counter affidavit, it is stated that the petitioner has no right over the property. Paragraph 5 is quoted below: “The LA proposal submitted in favour of the petitioner was not considered by the Government. The Government sanction is inevitable for the institutional Land Assignment. In this case, respondents 2 to 4 obeyed the order of the Government and Government decision was conveyed to the petitioner in time. Hence, there is no violation of natural justice and it safeguards the interest of Government. The land under proposal is GA land on the basis of de-reservation proposal. The petitioner has no right over the property, now the Institution is utilising the Government WPC No.15559/2008 5 land without permission of the fourth respondent and the fourth respondent is responsible for the eviction of encroachment from the Government properties on each and every case reported.” 6. The application for assignment of land was disposed of by the Government under the Kerala Land Assignment Act and the relevant rules. There is no record to indicate that the Government considered the matter after affording an opportunity of being heard to the petitioner and after taking into account all the relevant facts. It is alleged that the report submitted by the Tahsildar and the District Collector were also not taken note of. There is no speaking order stating reasons for rejection of the application submitted by the petitioner. In these circumstances, Ext.P5 order is liable to be quashed. 7. For the aforesaid reasons, Ext.P5 letter No.LR(J)6- 58515/07(2) dated 26.12.2007 issued by the Land Revenue Commissioner is quashed. The Government shall consider the application for assignment made by the petitioner afresh, after WPC No.15559/2008 6 affording an opportunity of being heard to the petitioner and after calling for the report of the Tahsildar and the District Collector. All the relevant records shall be placed before the Government to enable the Government to take a proper and just decision. The Government shall pass final orders within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce copy of the Writ Petition along with the exhibits, copy of the counter affidavit and certified copy of the judgment before the first respondent. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl