IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 28672 of 2009(D) -------------------------- PETITIONER: --------------- THE MANJERI MUNICIPALITY, MANJERI,REP.BY ITS SECRETARY. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. K.K.ABDULLA KUTTY, KOLAKKODAN,VADAKKUMMURI, OOMGATTIRI,AREEKODE,MALAPPURAM. 2. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,REP.BY SECRETARY. 4. THE DISTRICT MEDICAL OFFICER, MANJERI,MALAPPURAM. 5. THE DISTRICT COLLECTOR, CIVIL STATION,MALAPPURAM. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 GOVERNMENT PLEADER SHRI A.J.VARGHESE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.28672/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER DATED 28.9.04 ISSUED BY THE GOVERNMENT. EXT.P2: TRUE COPY OF AGREEMENT DATED 1.1.05 EXECUTED BY THE PETITIONER WITH THE LAND HOLDERS. EXT.P3: TRUE COPY OF PROCEEDINGS OF THE R.T.A.MALAPPURAM DATED 17.7.06. EXT.P4: TRUE COPY OF JUDGMENT IN W.P.(C)No. 33778/04 AND CONNECTED CASES DATED 4.4.05. EXT.P5: TRUE COPY OF REPORT OF THE MUNICIPAL ENGINEER DATED 23.8.06. EXT.P6: TRUE COPYOF REPORT OF THE DMO, MANJERI DATED 19.1.07. EXT.P7: TRUE COPY OF ORDER DATED 2.6.08 ISSUED BY THE GOVERNMENT. EXT.P8: TRUE COPY OF PETITION DATED 3.12.08 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P9: TRUE COPY OF ORDER DATED 18.2.09 ISSUED BY THE GOVERNMENT EXT.P10: TRUE COPY OF ORDER ISSUED BY THE GOVERNMENT DATED 4.7.09. EXT.P11: TRUE COPY OF DECISION NO.23 DATED 20.11.08 OF THE COUNCIL OF THE PETITIONER. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF THE APPROVED PLAN FOR THE BUS STAND CONSTRUCTION. EXT.R1(B): TRUE COPY OF THE PHOTOGRAPH PRODUCED ALONG WITH THE EXHIBITS BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, KERALA. EXT.R1(C): TRUE COPY OF SKETCH OF LAND AND PATHWAY. EXT.R1(D): TRUE COPY OF DRAFT ASSIGNMENT DEED PREPARED BY MR.BALAKRISHNAN NAIR (RTD.DISTRICT REGISTRAR, MALAPPURAM.) EXT.R1(E): TRUE COPY DOCUMENT NO.389/05. EXT.R1(F): TRUE COPY OF LETTER C-774/09 DATED 23.3.09 ISSUED BY THE REGIONAL JOINT DIRECTOR, URBAN AFFIARS, KOZHIKODE DATED 2.4.09. EXT.R1(G): TRUE COPY OF DOCUMENT NO.5913/99 OF SRO, MANJERI. W.P.(C)NO.28672/09 2 EXT.R1(H): TRUE COPY OF THE SKETCH EXT.R1(I): TRUE COPY OF REPRESENTATION MADE BY THE MUNICIPAL COUNCILLORS AGAINST THE CORRUPT PRACTICE DATED 9.9.04. EXT.R1(J): TRUE COPY OF COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE DISTRICT POLICE SUPERINTENDENT (VIGILANCE) EXT.R1(K): TRUE COPY OF THE APPEAL SUBMITTED BY THE 1ST RESPONDENT BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION AT TRIVANDRUM DATED 21.12.2006. EXT.R1(L): TRUE COPY OF ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM DATED 4.1.07. EXT.R1(M): TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE MINISTER OF KERALA FOR LOCAL SELF GOVERNMENT, DATED 3.10.06. EXT.R1(N): TRUE COPY OF PETITION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE MINISTER OF KERALA FOR LOCAL SELF GOVERNMENT DATED 20.12.08. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.28672 of 2009 D -------------------------------------- DATED THIS THE 19th DAY OF JULY, 2010 JUDGMENT The petitioner herein, Manjeri Municipality, is aggrieved by Exhibit P10 order passed by the Government withdrawing the permission granted for acquiring the land owned by the first respondent for constructing a comfort station. The withdrawal is for the reason that already the Municipality is having 3 Acres and 2 cents of land for constructing a bus stand-cum-shopping complex wherein a comfort station can be constructed and therefore the acquisition of the property by spending Rs.50 lakhs is not necessary. 2. Heard the learned counsel for the petitioner, the learned counsel appearing for the 1st respondent and the learned Government Pleader. 3. The learned counsel for the petitioner submitted that the proposal of the Municipality to have a bus stand and an exemption for the same from zonal regulations under the the DTP Scheme was granted by the Government as per Exhibit P1 order. Their case is that there is no sufficient space for constructing the W.P.(C)No.28672/09 -2- comfort station in the bus stand and therefore a report was filed by the Municipal Engineer suggesting three locations, as per Exhibit P5 and the action was finalised after getting a report of the District Medical Officer who recommended 10 cents of property in Survey No.350/1 as per Exhibit P6, for constructing it. This was placed before the Government and Government granted permission as per Exhibit P7. 4. The first respondent thereafter approached the Municipality by a representation, Exhibit P8 seeking to cancel the project itself and thereafter he approached the Government by Exhibit P9 representation. The Municipality also objected to the consideration of the grievance raised by the 1st respondent before the Government and finally the Government by Exhibit P10, cancelled the sanction granted as per Exhibit P7 to acquire the property of the 1st respondent. 5. It is pointed out by the learned counsel for the petitioner that the said land is essential for making construction of a comfort station and the purposes for which the bus stand is being constructed has to be separately considered and the comfort station cannot be located therein. W.P.(C)No.28672/09 -3- 6. The first respondent has filed a detailed counter affidavit, pointing out, inter alia, that in the land earmarked for the bus stand, sufficient area is available for construction of comfort station. 7. Evidently, in Exhibit P10, the Government found that the Municipality need not spend Rs.50 lakhs for construction of a comfort station. It is also found that 10 cents of property is not required for construction of a comfort station. The major reason for interfering with the matter is that the Municipality has already acquired 3 Acres and 2 cents of land for the purpose of construction of bus stand-cum-shopping complex and the comfort station can be conveniently located therein. 8. Exhibit P10 is only an administrative decision taken by the Government after analysing various aspects. It cannot be said that the decision is so arbitrary or perverse warranting interference by this Court. The reason stated by the Government in Exhibit P10 is a cogent one also. Already the Municipality is having 3 Acres and 2 cents of land for constructing a bus stand. The additional expenditure, that too by way of Rs.50 lakhs was W.P.(C)No.28672/09 -4- found unnecessary. Evidently, as a local authority, the Municipality will have to utilise its funds for various purposes of the public. Therefore, since the Government has felt that it is unnecessary to spend a huge amount, that too when sufficient land is available, the said decision cannot be termed as beyond the power of the Government or that the reasons shown therein are irrational. In that view of the matter, I do not find any reason to interfere with Exhibit P10 order. The Writ Petition is dismissed. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn