IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 20137 of 2009(S) ------------------------------------ PETITIONER: ------------------ MANOJ V.NAIR, S/O.G.K.NAIR, ATHULYA, KDH VILLAGE, MUNNAR P.O., DEVIKULAM TALUK, IDUKKI DT. BY ADV. SRI.LATHEESH SEBASTIAN SMT.BINITHA JAMES RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARYN TO GOVERNMENT OF KERALA, FORESTS AND WILD LIFE DEPARTMENT THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAV, IDUKKI DT. 5. THE PRINCIPAL, GOVERNMENT COLLEGE, MUNNAR. 6. DIVISIONAL FOREST OFFICER, MUNNAR FOREST DIVISION, DEVIKULAM. 7. UNION OF INDIA, REPRESENTED BY MINISTRY OF ENVIRONMENT AND FORESTS, REGIONAL OFFICE (SOUTHERN ZONE) KENDRIYA SADAN, 4TH FLOOR, E & F WINGS 17TH MAIN ROAD, 2ND BLOCK, KORAMANGALA, BANGALORE 8. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, M.G.UNIVERSITY, KOTTAYAM. R1 TO R6 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R8 BY STANDING COUNSEL SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K.Basheer, J. ------------------------------------------ W.P.(C) No.20137 of 2009 ------------------------------------------ Dated, this the 14th day of October, 2009 JUDGMENT A.K.Basheer, J. Petitioner claims that he is a public spirited person. He takes exception to the action of the Central Government in granting prior approval for diversion of one hectare of forest land in Devikulam Fuel Reserve of Munnar Forest Division for construction of building for the Government College at Munnar. 2. According to the petitioner, the Government ought to have allotted revenue land which is easily available with it, for this purpose. We do not propose to make any observation on this contention since obviously the Government has earmarked the above land for the purpose of construction of the college building after considering all the relevant aspects of the matter. W.P.(C) No.20137 of 2009 - 2 - In the absence of any material to show that the action of the Government is vitiated either by mala fides or by any other circumstance warranting interference by this Court, we are not persuaded to accede to the plea of the petitioner to quash Ext.P5 order by which the Central Government has given only prior approval for diversion under Section 2 of Forest (Conservation) Act, 1980. Ext.P5 order clearly reveals that final approval will be granted only subject to the compliance by the State Government of the conditions stipulated therein. 3. It is further contended by the learned counsel that going by the relevant provisions in the University Act and especially the first statute, there should be a minimum of six hectares for establishment of a college. Yet again, we do not propose to make any observation on this contention either. We do not find any reason to assume that the authority concerned would W.P.(C) No.20137 of 2009 - 3 - be ignorant of the statutory requirement. In the above facts and circumstances, we do not find any merit in this writ petition and accordingly it is dismissed. S.R.Bannurmath, Chief Justice A.K.Basheer, Judge vns