The High Court dismissed a writ petition challenging government orders assigning land to Christ College and writing off rent arrears, finding no illegality or irregularity in the policy decision. The court held the assignment was in public interest and for educational purposes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945
WP(C) NO. 16460 OF 2012
PETITIONER:
C.N.RAJEEV, AGED 53 YEARS CHATHAMPILLY, NEW PWD OFFICE, IRINJALAKUDA 680121, THRISSUR DT.
BY ADV SRI.K.G.BALASUBRAMANIAN
RESPONDENTS:
BY ADVS.SRI.K.P.HARISH, SR. GOVERNMENT PLEADER SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16460 of 2012
:: 2 ::
JUDGMENT
Dated this the 5th day of April, 2023
S.MANIKUMAR, C.J.
Challenging the proceedings issued by respondents 1 to 3, viz., the Tahsildar, Mukundapuram, Thrissur; District Collector, Thrissur; State of Kerala, represented by the Additional Chief Secretary, Revenue (L) Department, to write off Rs. 2,27,15,220/-, due from the 4th respondent as arrears of rent for puramboke land, and to assign the land to it at Rs. 100/- per cent, instant writ petition has been filed by the petitioner, with the following prayers:
W.P.(C)No.16460 of 2012
:: 3 ::
W.P.(C)No.16460 of 2012
:: 4 ::
the 1st respondent to demand and realise from the 4th respondent an amount of Rs.2,27,15,220/- as arrears of rent for the land in question.
W.P.(C)No.16460 of 2012
:: 5 ::
petitioner, arrears of rent have been written off in violation of Rules for Assignment of Government land in municipal areas. There has been no public enquiry. There has been no public notice. Objections of interested and affected persons have not been invited.
W.P.(C)No.16460 of 2012
:: 6 ::
“ Government of Kerala
Abstract
Revenue Department - Orders issued regarding assignment subject to conditions of Government land situated in Survey Nos.237, 238, 240, 357 of Irinjalakuda Village, Mukundapuram Taluk, given initially on licence and thereafter on lease to Christ College and writing of arrears of rent till now and assigning to Christ College for running education institution, realising price at the rate of 100.00 per Cent.
Revenue (L) Department
G.O.(MS) No.98/2012/Rev.
Dated, Thiruvananthapuram : 08.02.2012
Reference:- 1) Request dated 07.10.2006 from the Manager, Christ College, Irinjalakuda. 2) G.O.(Rev.) No.673/03 dated 17.3.2003.
The Manager, Christ College, Irinjalakuda had requested, vide reference (1), to write off arrears of rent till now and assign subject to conditions, 16.47 acre government land situated in survey number 237, 238, 240, 357 Irinjalakuda village, Mukundapuram taluk given initially on licence and thereafter on lease to Christ College and for running educational institution and that the land be assigned to Christ College, Irinjalakuda as per ref 1. But, the District Collector had reported that the College authorities had not paid more than Rs. 2 crores on account of arrears of rent, for which revenue recovery steps have been initiated and that revenue recovery steps had been kept in abeyance as per G.O.(MS) No. 66/2002/Rev. dated 04.09.2002.
W.P.(C)No.16460 of 2012
:: 7 ::
15.47 acres of land in Sy. Nos.237, 238, 240, 357 of Irinjalakuda Village, Mukundapuram Taluk, Thrissur District, originally given on licence and thereafter on lease, to Christ College @ Rs. 100/- per cent and to write off arrears of rent till date subject to the following conditions:-
By Order of the Governor
Dr. Nivedita P. Haran Additional Chief Secretary.”
Secretary, Revenue (P) Department, Government of Kerala reads thus:
“Government of Kerala
Abstract
Revenue Department - Land Assignment - Orders issued regarding assignment of land given on lease to aided educational institutions subject to conditions.
Revenue (P) Department
G.O.(MS) No.201/2005/Revenue
Dated, Thiruvananthapuram 18.06.2005
O R D E R
Orders are hereby issued to assign land goven on lease since long to aided educational institutions
W.P.(C)No.16460 of 2012
:: 8 ::
functioning in the Statesubject to the following conditions:
Concerned District Collectors should take necessary action to assign land as per this order.
By order of the Governor
John Mathai Principal Secretary, Revenue”
W.P.(C)No.16460 of 2012
:: 9 ::
A total extent of about 17 acres and 12 cents of land in various survey numbers of Irinjalakuda Village was leased out to the management of Christ College on the basis of a Lease Deed dated 23.02.1956. Out of the aforesaid extent of land, a further extent of 1 acre and 65 cents had been given to Irinjalakuda Municipality for the purpose of construction of a public road. Therefore, the available extent held in lease hold right of the College is approximately 15.47 acres of land.
W.P.(C)No.16460 of 2012
:: 10 ::
computation of the lease was worked out and the same was demanded from the College. Unfortunately, no amount was paid by the said College authorities.
D. It is further contended that in terms of G.O.(P) No.126/2004/RD dated 14.05.2004, revised lease amount was fixed in respect of property leased out to educational institutions at the subsidized rate of 2.5% of the market value, instead of 10% is originally fixed as before. In other words, in terms of the Government Order dated 14.05.2004, the rate of lease amount was reduced to the tune of 2.5% from 10% of the market value. This was so computed to be applied from 1995 to 2004 for the purpose of finding out the arrears of lease amount. Even this reduced rate or arrears was not paid by the respondent College authorities. It is in the aforesaid circumstances, the Revenue Department was constrained to take steps under the provisions of the Revenue Recovery Act. While so, the Government took as a matter of policy decision whereby, it was decided to assign the lands held in lease by the aided educational Institutions functioning in the State. As per the above order, it was decided by the Government to assign the land, which was held under lease to the Educational institutions on payment of land value at the rate of Rs.100/- per cent and also it was decided to write off all arrears of lease amount. It is submitted that the aforesaid decision of the Government was only a policy decision and the same was not amenable to judicial review as is now sought to be challenged by the petitioner. It is noted that Exhibit P5 is the order, which was passed by the Government as early as on 18.06.2005. The petitioner had not chosen to file the writ petition challenging the correctness or otherwise, an order until now even after the lapse of 7 years and therefore, the challenge against Exhibit P5 is liable to be rejected not only on the ground of delay and laches, but also on the ground that the petitioner lacks bonafides in challenging the said order, who had acquiescence to the said order.
W.P.(C)No.16460 of 2012
:: 11 ::
W.P.(C)No.16460 of 2012
:: 12 ::
and also vide GO(MS) No. 62/2009/Rev. dated 31.01.2009 in respect of S N Trust, Kollam. The aforesaid assignments are also in public interest just as in this case. It is submitted that the decision of the Government to assign the land in favour of the College is in public interest and as a policy of the Government. There is no discrimination or segregation shown in the matter of assignment of land to the institution. Therefore, Exhibit P4 order of assignment of land to the Christ College, Irinjalakuda is in public interest and on the basis of the policy decision of the Government. The assignment had been done only after receiving the consideration as fixed in terms of Exhibit P5 Government Order and also in terms and conditions mentioned in Exhibit P4. It is also to be noted that the writing off the arrears of the amount had also been done in public interest. Though the institution in question is under the Christian Management, but the institution is imparting education and caters the needs of all the persons without any sectarian consideration and this Institution is a public institution imparting education to all section of the community at large. Therefore, it is on account of the predominant public interest that the amount had been written off.
W.P.(C)No.16460 of 2012
:: 13 ::
“A. Christ College Irinjalakuda (hereinafter referred to as the College') is a 1st Grade aided Christian Minority educational institution established in the year 1956 by the Carmelites of Mary Immaculate (CMI) Congregation, a reputed educational institution in Thrissur district.
B. The erstwhile Government of Travancore -Cochin had granted permission to start a first grade college at Irinjalakuda vide Ext.P1. The erstwhile University of Travancore granted affiliation to the college. The Municipal Council, Irinjalakuda had recommended the lease of land to the 4th respondent. Accordingly, the Board of Revenue had recommended the lease of 17.12 acres of Purampokku land in Survey No 237/1; 237/3-42; 238, 240 and 257 in the year 1956 under a lease agreement fixing an yearly license fee of Rs.3-8-0 per acre per annum vide Ext.P1. Under the lease agreement the 4th respondent was allowed to construct necessary buildings and other structures in the land. Out of the above 17.12 acres 1acre 65 cents was subsequently surrendered to the Irinjalakuda Municipality for public purposes. The remaining area has ever since been in the possession and enjoyment of the 4th respondent. A full fledged Stadium, Play ground, Khokho court, Hostels, Staff quarters, Tennis court, Basketball court, Football court, Hockey court, Handball court, Ball Badminton court, Volleyball court, Physics Workshop, Canteen, Drinking Water Project etc. are situated in the land.
C. Eventhough, the original license fee was a total of Rs.59-14-5 per annum. The first respondent was increasing it unilaterally. Since the increase of licence fee became unbearable the 4th respondent thought of getting an assignment of the land from the 3rd respondent. For that purpose the 4th respondent submitted an application dated 8.12.1978. The 4th respondent was regularly remitting the license fee without any default. While so the 4th respondent received a Notice from the Tahsildar dated 31.7.2000 wherein it was required to apply for renewing the license fee. Accordingly, the 4th respondent submitted an application dated 4.8.2000. The petitioner was making the payment of the licence fee regularly without any default. This
W.P.(C)No.16460 of 2012
:: 14 ::
fact is evident from the Certificate dt. 24.6.2004 issued by the Village Officer Irinjalakuda. While so, the 1st respondent issued a Ext. P2 letter dt. 22.7.2004, wherein it was directed to pay an amount of Rs. 6,007,620/-. To the dismay of the 4th respondent, the 1st respondent issued a demand notice dt.02.9.2004 directing the college to remit Rs.2,27,15,220/-. Respondent No.4 filed representations against the above demand notices to the authorities and requested to assign the land to the institution. Consequently, the 3rd respondent issued Ext.P5 order dt. 18.6.2005, wherein it was ordered to assign land to the aided educational institutions under their possession on certain conditions. Subsequently, the 1st respondent communicated the 4th respondent that steps were being taken to assign the land as per the application of the 4th respondent. Finally, after several representations and requests, Ext.P4 was issued assigning 15.47 acres of land to the Christ college, on certain conditions.
D. It is further submitted that, as a matter of policy, the 3rd respondent has been assigning land to various educational institutions from time to time. The following are a few cases of land assignments to aided educational institutions by the State Government.
i) Vide Order GO. (M.S.) No. 400/05 Revenue dt. 30.12.2005 the 3rd respondent has assigned 42.96 acres of land situated at Kawdiar Village, Thiruvananthapuram Taluk and District to Nair Service Society (NSS) for the benefit of M.G.College, Thiruvananthapuram;
ii) An extent of 16.81 acres of land at Changanacherry Village in Kottayam District was assigned to the name of NSS General Secretary, waiving an amount of Rs.2,46,08,000/- vide Order No.398/05/Revenue dt.28.12.2005;
iii) Vide Order G.O.(M.S.) No.401/05/Revenue dated .30.12.2005 an extent of 10.35.66 Hectares (25.59 acres) of land situated at Nemom village in Thiruvananthapuram Taluk and District was assigned to Nair Service Society (NSS);
iv) An extent of 10.62.18 hectares of land situated in Vadakkevila Village in Kollam District and Taluk was
W.P.(C)No.16460 of 2012
:: 15 ::
assigned to Sree Narayana Trust (S.N.Trust) vide Order No.66/2006/Revenue dt. 23.2.2006;
v) Vide Order No. 89919/L3/ 2005/RD dated 9.2.2011 an extent of 55.701 cents of land in chembukavu village, thrissur taluk and district assigned to St. Mary's College, Thrissur;
vi) Vide Order No. 4979/L 3/ 2009/RD dated 23.2.2011 an extent of 1.19 acre land assigned to St. Thomas College, Thrissur;
vii) An extent of 25.93 acres of land situated in Ezhuvathuruthi village in Malappuram District, Ponnani Taluk was assigned to M.E.S College, Ponnani vide Order No. 63/2009 RD dated 3.1.2009;
viii) An extent of 36.02 acres of land assigned in favour of St. Mary's College. Sulthan Bathery vide G.O (MS) No. 125/2006/ RD dated 09/05/2006.
E. Apart from the above, an extent of 1.06 acre plus 4.674 cents of land in Sy No.478 at Chembumukkavu Village in Thrissur Taluk and District has assigned to the President, Paramekkavu Devaswom, free of cost, vide order No.B 2- 23765/2008 dt. 11.5.2012.
F. It is mysterious how and why the petitioner is aggrieved only against Ext. P4. The credentials, the motive and the objective of the petitioner are apparently sham. The petitioner is known as "Rajeev Chathampilly" in Irinjalakuda locality. The petitioner herein is an activist and office bearer of an organisation "Hindu Ikiya Vedi". The intention behind the above writ petition is to damage the reputation of the 4th respondent and to promote hatred and hostility against minority communities in the State.
G. The averments in paragraph 3 of the writ petition that, "Foreign and native contribution to it from old students and well wishers are astronomic. The congregation is one of the richest in the country" are casual and not specific and is denied. The 4th respondent is not aware of Ext.P3. As per GO(MS) No.201/05 dt.18.6.2005 the 3rd respondent had issued orders to assign the land leased out to the educational institutions to that institutions and also to write off the lease arrears subject to certain
W.P.(C)No.16460 of 2012
:: 16 ::
conditions. The allegation in para (7) that the 4th respondent wields considerable clout with the Government and it has managed to prevail upon respondents 1 to 3, to initiate proceedings to write off huge rent due to it and to assign the very same land to it for pittance is unfounded and baseless and is denied. There is no violation of any legal provisions or rules in the assignment of land under Ext.P4. The averment that Ext.P4 is prima facie illegal, arbitrary and partisan is absolutely false and hence denied. The land is assigned to the college and not to the congregation. The land under the possession of the 4th respondent is being used for educational purposes. A full fledged stadium, play ground, Khokho court, Hostels, Staff quarters, Tennis Court Basketball court, Football court, Hockey court, Handball court, Badminton court, Volleyball court, etc. apart from buildings are situated in the above land.
H. The averment that the petitioner has no personal interest in the matter is false and denied. The writ petition is filed with ulterior motives. There is no element of public interest in it. Other efficacious, alternate and speedy remedy is available to the petitioner. One K.Kesava Das, another office bearer of the "Hindu Ikiya Vedi" has filed Complaint No.687/2011 C before the Kerala Lok Ayukta against the assignment of land to the 4th respondent. The said complaint is pending before the Kerala LokAyukta. The 4th respondent herein is the 3rd respondent in the above proceedings before the Kerala Lok Ayukta. Apart from the above, the aforesaid K.Kesava Das has filed a case in CMP No.338/2012 before the Thrissur Vigilance Court against 15 persons including the Hon'ble Chief Minister of Kerala, Home Minister, Finance Minister, Chief Secretary, Addl. Chief Secretary (Revenue) and Manager, Christ College Irinjalakuda, pertaining to the assignment of land.
I. The grounds taken by the petitioner are legally unsustainable. According to the petitioner, his anxiety is that 'thousands of associations and institutions in the state will come with false/illegal claims to write off huge arrears of lease rent and for assignment of land. The aforesaid apprehension of the petitioner is fanciful. That is not a reasonable
W.P.(C)No.16460 of 2012
:: 17 ::
ground for filing a PIL. The petitioner further apprehends; 'The illegal proceedings of respondents 1-3 will lead to writing of crores of revenue at the illegal and fraudulent claims of many others. Even rank trespassers may be emboldened to take up adventures at the risk and cost of public and knock off valuable property all over the state. Such unfounded apprehensions of the petitioner are the grounds upon which the writ petition is put up. Removal of earth was done with permission from the authorities. Any of the fundamental rights or legal rights of the petitioner or the public has not been infringed by Ext.P4. There is absolutely no statutory violation also warranting the interference of this court, in that regard. The assignment is in public interest and for the public good, for just and proper reasons.”
Giving due consideration to the the averments made by the petitioner and respondents in their counter affidavits, and the material on record, we are not inclined to interfere with the matter, since there is no illegality or irregularity in Exhibits-P4 and P5 orders, impugned in this writ petition. Writ petition fails and it is accordingly dismissed.
sd/-
S. MANIKUMAR CHIEF JUSTICE
sd/MURALI PURUSHOTHAMAN JUDGE
jes & krjxxxxx
W.P.(C)No.16460 of 2012
:: 18 ::
APPENDIX
PETITIONER’S EXHIBITS:
EXT.P1: TRUE COPY OF ORDER D.DIS.35/54/RD DATED 23.2.1956 OF ASSISTANT SECRETARY TO GOVERNMENT.
EXT.P2: TRUE COPY LETTER B6-8758/99 DATED 22.7.2004 FROM 1ST RESPONDENT TO 4TH RESPONDENT WITH TRANSLATION.
EXT.P3: TRUE COPY OF LETTER B4-3309/06(2) DATED 29.8.2006 FROM 2ND RESPONDENT TO 1ST RESPONDENT, WITH TRANSLATION.
EXT.P4: TRUE COPY OF GO(MS)NO.98/2012 DATED 8.3.2012 WITH TRANSLATION.
EXT.P5: TRUE COPY OF GO(MS)NO.201/2005 REVENUE DATED 18.6.2005 WITH TRANSLATION.
EXT.P6: TRUE COPY OF REPRESENTATION DATED 25.5.2012 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT.
EXT.P7: TRUE COPY OF THE PATTA NO.B5.357423/2004 DATED 25.2.2013 ISSUED TO THE 4TH RESPONDENT BY THE SECOND RESPONDENT.
EXT.P8: TRUE COPY OF NOTICE RELEASED BY CHRIST INTERNATIONAL AQUATIC COMPLEX RUN BY THE 4TH RESPONDENT.
RESPONDENTS’ EXHIBITS:
EXT.R2(a): TRUE COPY OF THE GO(MS)NO.400/2005/ REV.DATED 30.12.2005.
EXT.R2(b): TRUE COPY OF THE GO(MS)NO.62/2009/REV. DATED 31.01.2009.
EXT.R4(a): PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 24.6.2004.
// TRUE COPY //
P.S. TO JUDGE
3 issues framed by the court
Whether the Government orders (Exts.P4 and P5) assigning government land to an aided educational institution and writing off arrears of rent are illegal, arbitrary, and violative of statutory rules?
Whether the petitioner, claiming to be a public-spirited person, has locus standi to challenge the policy decision of the Government to assign land to educational institutions?
Whether the impugned orders suffer from any illegality or irregularity warranting interference under Article 226 of the Constitution?
1 provisions across 1 enactments
C.N. Rajeev
Tahsildar Mukundapuram
District Collector Thrissur
State of Kerala
Manager Christ College Irinjalakuda
S. Manikumar
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
