IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 32237 of 2010(D) -------------------------- PETITIONER(S): ---------------------- 1. KASI GANESH, AGED 43 YEARS, PRESIDENT, PARENT TEACHERS ASSOCIATION, GOVERNMENT BOY'S HIGH SCHOOL, TRIPUNITHURA. 2. C.T.ASOKAN, AGED 44 YEARS, S/O.THANAPPAN, VICE-PRESIDENT, PARENT TEACHER'S ASSOCIATION, GOVERNMENT BOY'S HIGH SCHOOL, TRIPUNITHURA. BY ADV. SRI.K.P.SREEKUMAR RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION (B) DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. M.G.UNIVERSITY, REPRESENTED BY THE REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560. 4. THE PRINCIPAL, M.G.UNIVERSITY COLLEGE OF TEACHER EDUCATION, TRIPUNITHURA. 5. THE DISTRICT COLLECTOR, ERNAKULAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3 GOVT.PLEADER SRI.P.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32237/10 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE OPINION RECORDED BY THE DDE. EXT.P2: TRUE COPY OF THE GO(RT) NO.517/08/4 EDN. DT 26.3.2008. EXT.P3: TRUE COPY OF THE REPRESENTATION DT 11.11.2009 MADE BY 1ST PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER. EXT.P4: TRUE COPY OF THE LETTER DT 2.12.2009. EXT.P5: TRUE COPY OF THE REPLY SENT BY THE ASSISTANT REGISTRAR OF THE M.G.UNIVERSITY DT 29.1.2010. EXT.P6: TRUE COPY OF THE REPLY DT 5.3.2010 OF THE UNIVERSITY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32237 OF 2010 ===================== 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 WPC No. 32237/10 :2 : 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 WPC No. 32237/10 :3 : 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 WPC No. 32237/10 :4 : 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