K.SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute relates to the site where the Government Arts and Science College, Tanur (the college) is to be established.

(2.) Among the petitioners, the first petitioner is the chairman of the Standing Committee for public works of the Tanur Municipality, the second petitioner is the mother of a student undergoing B.Com course in the college and the third petitioner is the mother of another student undergoing BBA course in the college.

(3.) On the basis of the request made by the member of the State Legislative Assembly representing Tanur constituency, in terms of Ext.P3 order, the Government has accorded sanction for establishing a new Government Arts and Science College in the constituency during the academic year 2013-14 subject to the condition that the member of the legislative assembly shall provide a sum of Rs.5 crores from his asset creation fund for the said purpose. Later, in terms of Ext.P4 order, the Government have decided to hand over 3 acres out of 6.69 acres of land in the premises of the Tanur Higher Secondary School run by the Fisheries Department, for the establishment of the college. It is seen that later, as it was found that it will take time to make available the infrastructure for the college at the site mentioned in Ext.P4 order, the Government have permitted, in terms of Ext.P5 order, to start the college in the vacant rooms of the Industrial Training Institute under the control of the Scheduled Castes and Scheduled Tribes Development Department, at Keraladheeswarapuram. As vacant class rooms in the Industrial Training Institute were not sufficient to accommodate the college, in course of time, a building was also taken on lease for the college. Later, since it was expected that there would be delay in putting up permanent structures for the college, the member of the legislative assembly has offered to construct a semi-permanent building at the site covered by Ext.P4 order for the purpose of shifting the college at the earliest by making use of his asset creation fund. On the said request, in terms of Ext.P6 order, the Government accorded administrative sanction for construction of a semi-permanent building at the said site at a cost of Rs.1.50 crores, making use of the asset creation fund of the member of the legislative assembly. Though a semi- permanent building consisting of 14 class rooms was constructed in terms of Ext.P6 order, steps were not taken to shift the college to the said building. The writ petition was filed by the petitioners at that point of time seeking directions to the respondents to shift the college to the newly constructed building and also to take necessary steps to construct permanent structures for the college at the site covered by Ext.P4 order.