PARAVUR DISTRICT COURT BAR ASSOCIATION Vs. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT

JUDGEMENT

(1.) THE Paravur District Court Bar Association is the petitioner herein. They are occupying Government land from 1953, in which, they have constructed a building to house the Bar Association as early as in 1954, which is adjacent to the District Court building. They have spent large amounts of money to construct the said building. The building was renovated in 2005 and the local M.L.A had contributed from his Local Area Development Fund for completing the construction and to establish a library for the Bar Association in the said building. Everything was done with the administrative sanction of the 2nd respondent- District Collector on a proposal from the local M.L.A. The construction was through the District Rural Development Agency. The petitioner submits that the Bar Association is part and parcel of the machinery for administration of justice and it cannot be separated from the judiciary as such. Therefore, it is the bounden duty of the Government to see that appropriate accommodation is provided for the Bar Association in the court premises itself, without which, there cannot be an effective Bar in a court. Without an effective Bar judiciary cannot function properly. But the Tahsildar has now initiated proceedings to evict the petitioner from the property in question on the ground that the property is Government land. Ext.P9 notice has been issued directing the petitioner to show cause why the petitioner should not be evicted from the property in question. It was followed by Ext.P12 also. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) A counter affidavit has been filed by the

(3.) I have considered the rival contentions in detail.