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 WA.No. 2004 of 2009 -------------------------- AGAINST THE ORDER IN WPC.14650/2005 Dated 11/08/2009 .................... APPELLANT/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 SRI.M.S.KALESH RESPONDENTS/RESPONDENTS -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE 'U' DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. TAHSILDAR, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL SRI.RANJIT THAMPAN SR. GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2010, ALONG WITH WPC NO. 14650 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A. No.2004 of 2009 & W.P.(C) No.14650 of 2007 ------------------------------------------ Dated this the 18th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. The petitioner in the writ petition, Institution of Engineers (India), had challenged the interim order of the learned Single Judge dated 11th August, 2009 in W.A.No.2004 of 2009. 2. The writ petition was filed by the appellant/petitioner mainly challenging Ext.P30 revenue recovery notice with the following prayers: “i) issue a writ of certiorari or any other appropriate writ, order or direction of the nature of certiorari quashing Ext.P30 as grossly illegal, arbitrary and wrong. ii) issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing the respondents 1 and 2 to consider and pass appropriate orders on Ext.P27 and P28 representations within a time limit to be prescribed by this Hon'ble Court. W.A.No.2004 of 2009, etc. iii) issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing the respondents 3 and 4 not to initiate any recovery proceedings until respondents 1 and 2 consider and pass appropriate orders on the basis of Ext.P22 and P30 and finally dispose of Ext.P11, P19, P27 and P28 by passing appropriate orders on the same.” 3. The learned Single Judge being agitated by the inaction on the part of the Government to comply with certain directions issued by this Court and as no action was taken, ordered that the State Government should consider the matter expeditiously and file a detailed report about the matter before this Court in order to pass further orders. It is against this direction that the present writ appeal is filed. 4. After considering the various aspects of the matter and hearing the learned Additional Advocate General and learned counsel for the appellant, this Court again reiterated the necessity of immediate action on the part of the Government and at that stage, it was submitted that Government is taking a decision after forming a committee to consider the matter. W.A.No.2004 of 2009, etc. 5. It is now reported that after considering the report of the committee, the State Government by order dated 2.1.2010 published in the Gazette as G.O.(MS) No.04/2010/Revenue has reconsidered the entire aspects of the matter and decided to treat the institution as a non commercial organization and treat it as an educational institution and taking into consideration the facts situation also decided to take over possession of the entire area in Sy.No.90 of Thycaud Village in Thiruvananthapuram Taluk and District in possession of the appellant with retrospective effect from 14.10.2009. On the face of the huge arrears of rent due from the institution to the tune of nearly Rs.4,16,74,656/-,considering the fact that the institution is to be treated as an educational non commercial organization, Government decided to reduce the same to Rs.1,36,16,695/- only and the institution has been granted four equal annual instalments for payment of this arrears due and the first instalment starts operating within one month from the date of receipt of the Government order. It is also decided by the State that in case the appellant pays the first W.A.No.2004 of 2009, etc. instalment and thereafter regularly pays the subsequent instalments without default, permission to lease out 55 cents would be granted. It is submitted that the work of entering into agreement with the institution is under progress. 6. Noting these developments, in the light of the background of the case, we deem it proper to record the above decision along with the notification issued by the Government which becomes part of this judgment, and close the writ petition and writ appeal. Ordered accordingly. Government Pleader is directed to take back the records. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns