KOTHAMANGALAM MUNICIPALITY Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions involve a dispute between Kothamangalam Municipality and the Government of Kerala with regard to the property, which is situated within the Municipal limits.

(2.) It is admitted that the property in question is Government land. However, it is stated that there was a decision taken to assign 75 cents of land, which was in the possession of the Forest Department, to the municipality by shifting the timber depot situated therein to other convenient premises. It is stated that by Exhibit P1 Government Order dated 7.9.2013, permission was granted to the Forest Department to surrender the property to the Revenue Department for the public needs of the Municipality on specific conditions. It was also decided to shift the timber depot from the property. It is stated that the said decision was challenged before this Court by the Forest General Workers Union (CITU) by filing W.P. (C).No.3930/2014, which was dismissed by this Court by Exhibit P5 judgment dated 28.5.2014. Thereafter, a petition was filed by one Baby M.G. before National Green Tribunal, Chennai Bench and on the basis of the directions issued by the Tribunal, Exhibit P7 Government Order was issued on 9.9.2016 recalling Exhibit P1 Government Order. The Municipality filed W.P.(C).No.32752/2016, which was disposed of setting aside the order passed by the Government and directing re-consideration of the issue after hearing all concerned. Exhibit P9 Government Order was issued thereafter on 7.9.2017, which is under challenge herein.

(3.) W.P.(C).No.29283/2019 is filed challenging Exhibit P8 issued by the Municipality and seeking direction to the respondent Municipality to consider Exhibit P7 series of applications and to grant permission to renovate/reconstruct the compound wall of the Divisional Forest Office. Extensive documents with regard to the property are also produced along with the writ petition.