Kerala High Court Temporarily Stays Collector's Order Reducing Area Allotted To Trivandrum Government Law College

A petition challenging the same was filed by Advocate G. Muralidharan who is the Vice President of the Parent Teachers' Association of the College and also a former student and Dr. Sandhya K. Nair who is an Executive Committee Member of the college and also a former student.

They argued that the college requires additional space to expand since it is already experiencing space constraints. The campus is cramped with buildings and requires space for a playground, it was stated.

The petition noted that the collector did not follow the principles of natural justice while passing this order. The College authorities did not get a chance to raise objections before the collector passed this order, it is argued.

The petition added that the college was established in 1875 and has been standing there ever since. The residents when they moved to this locality were fully aware of the limitations of the road. Further, if they want to widen the road, they can surrender a portion of their property, the plea stated.

The petitioners further argued that the collector does not have power under the Land Tenancy Act over the concerned property of the college. The college was established much before the Act came into force. The Act cannot be applied prospectively, it was said. 

The petitioner also argued that the college is in possession of the land for 150 years and therefore the college had a valid title over the property.

The petition mentions that the widening road would benefit only a few but the students would be the ultimate sufferers.

Upon hearing the arguments, Justice Viju Abraham passed an interim order staying the order of the collector.

The collector had made this order on a complaint received from the Secretary of the Varambasseri Miranda Residents Association. The complaint said that the road did not have enough width for vehicles or ambulances to go through.

The complaint mentioned that the width of the road narrowed from 4.60 meters to 3.30 meters and then to 2.50 meters. Trivandrum Thahasildar in his letter to the collector had noted that the said land is revenue land. The complaint mentioned that the issue could be solved if the compound wall of the campus could be constructed after leaving some land for a road. The complaint was made when works were already undergoing the reconstruction of the compound wall. PWD was undertaking the construction works.

The petition has been moved by Advocates R. V. Sreejith, G. Maheswary, T. Rini, Harigovind S. Nair, Anakha Babu and Nidhin Krishna

Case Title: G. Muralidharan v The Principal Secretary and Others

Case No.: WP(C) 20620/2024

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