KALLADICHOLA HARIJAN COLONY COMMITTEE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, which is stated to be an Association of persons formed for the benefit of the residents of 'Kalladichola Harijan Colony' at Kozhikode, has approached this Court impugning the action initiated by the official respondents to construct a "Samskarika Nilayam" Cultural Centre beyond the confines of the said colony and in a property that has been donated by two other individuals, which, according to them, is more than 5 Kms away from the Colony.

(2.) The petitioner says that the Cultural Centre has been sought to be constructed under a project called "2018- 2019 Kalladichola Samskarika Nilayam, Peruvayal", and that since it is funded under the Special Component Fund for Schedule Castes and Schedule Tribes, it cannot be set up anywhere else other than within the confines of their Colony. They, therefore, pray that the attempt of the official respondents to construct the "Samskarika Nilayam" outside the area of the colony be interdicted.

(3.) In response, Sri.K.V.Prakash, learned Special Government Pleader appearing for the official respondents, submits that, as has been stated in the counter affidavit, the boundaries of the colony in question have not been properly identified or delineated and therefore, that the petitioner cannot asserts that the Cultural Centre should be constructed at a particular place of their choice. He says that, the present location has been identified based on the fact that the SC/ST community in the locality are scattered and not merely within the area which the petitioner claims; and further, so as to provide maximum reach for the Centre to all such persons but not merely the persons whom the petitioner is representing. The learned Special Government Pleader asserts that, therefore, this writ petition is not maintainable and prays that it be dismissed.