The Manager, Bam College vs The Secretary, Kallooppara Grama ...
2021 Latest Caselaw 18124 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 15740 OF 2021
PETITIONER:

         THE MANAGER,
         B.A.M.COLLEGE,
         THURUTHICADU,
         MALLAPPALLY, PATHANAMTHITTA.

         BY ADVS.
         SRI.LIJI.J.VADAKEDOM
         SRI.REXY ELIZABETH THOMAS
         SRI.RAJEEV JYOTHISH GEORGE


RESPONDENTS:

    1    THE SECRETARY,
         KALLOOPPARA GRAMA PANCHAYAT,
         OFFICE OF THE KALLOOPPARA GRAMA PANCHAYAT,
         KALLOOPPARA.P.O,
         PATHANAMTHITTA-689583.
    2    THE KALLOOPPARA GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY,
         OFFICE OF THE KALLOOPPARA GRAMA PANCHAYAT,
         KALLOOPPARA.P.O, PATHANAMTHITTA-689583.

         BY ADV J.R.PREM NAVAZ, SC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 03.09.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15740/2021
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 3rd day of September, 2021

The Manager, B.A.M. College, has filed this writ

petition seeking to direct the 1 st respondent to issue Building

Permit sought for under Ext.P3 Building Permit application in

the name of the applicant/Principal in the official name or in

the name of the petitioner/Manager, if Ext.P3 application is

otherwise in order.

2. It is evident from the pleadings that the B.A.M.

College is functioning in Thuruthicadu in Mallapally, in

Pathanamthitta District. There are disputes over the

Management and Administration of the College and other

properties. The dispute is as regards whether the B.A.M.

Trust or the B.A.M. Trust Association who are entitled to

manage and administer the properties. Civil Suits are pending

before competent civil courts.

WP(C) No.15740/2021

3. While so, the Government of India launched a

Centrally Sponsored Scheme, namely 'Rashtriya Uchchatar

Shiksha Abhiyan' (RUSA). The B.A.M. College was selected

under the Scheme. The College has submitted a proposal for

an amount of `99 lakhs to construct new class rooms. A

proposal for `53.4 lakhs is also submitted to carry out

renovation works of the existing buildings. Pursuant to the

proposals, sanction was given and the work is entrusted to

Habitat Technology Group, Thiruvananthapuram which is the

Nodal Agency under RUSA Scheme in Kerala.

4. The Principal of the College made Ext.P3

application for Building Permit to carry out the work under the

Scheme. Respondents 1 and 2-Panchayat Authorities have

taken a stand that since the property is in the name of B.A.M.

Trust in Revenue records, the Building Permit can be issued

only in the name of B.A.M. Trust and not in the name of

applicant Principal.

5. Heard the learned counsel for the petitioner and the

learned Standing Counsel for respondents 1 and 2. WP(C) No.15740/2021

6. Admittedly, there are disputes regarding the entity

entitled to manage and administer the properties. The issue is

pending in civil courts. It is in the meanwhile that the Central

Government sponsored RUSA Scheme is being implemented

for the benefit of Higher Education sector. Under the said

Scheme, agreement is to be entered into by the Principal of

the Educational Institution. It is the Principal of the College

who has signed the Agreement under the Scheme. In such

circumstances, denial of Building Permit for pursuing and

carrying out the construction work under the Centrally

Sponsored Scheme will not be in the interest of either of the

rival claimants or of the education sector.

In such circumstances, the writ petition is disposed

of directing respondents 1 and 2 to issue Building Permit

applied for under Ext.P3, in the name of the Principal of the

College, if the application is otherwise complete and proper. It

is made clear that this direction is made only for enabling the

Institution to avail the benefits under the Centrally Sponsored

Scheme and should not in any manner affect respective WP(C) No.15740/2021

claims made in the pending civil proceedings, over the

Administration and Management of the College.

Sd/-

N. NAGARESH, JUDGE

aks/06.09.2021 WP(C) No.15740/2021

APPENDIX OF WP(C) 15740/2021

PETITIONER'S EXHIBITS:

Exhibit P1 THE COPY OF THE COMMUNICATION NO.38/2018RUSA-SPD DATED 6/2/2019 ISSUED TO THE PRINCIPAL, BAM COLLEGE.

Exhibit P2            THE COPY OF THE RELEVANT EXTRACT OF THE
                      AGREEMENT   ENTERED    IN   BETWEEN   THE
                      PRINCIPAL,    BAM    COLLEGE    AND   THE
                      DIRECTOR, RUSA
Exhibit P3            THE   COPY  OF    THE   APPLICATION   FOR

BUILDING PERMIT SUBMITTED IN THE NAME OF PRINCIPAL BAM COLLEGE, THURUTHICADU Exhibit P4 THE COPY OF THE POSSESSION CERTIFICATE DATED 5/7/2019 ISSUED BY THE VILLAGE OFFICER, KALLOOPPARA Exhibit P5 THE COPY OF REGISTRATION CERTIFICATE OF THE BAM TRUST ASSOCIATION Exhibit P6 THE COPY OF THE OERDER DATED 26.9.2003 IN O.P.(SCHEME) NO.24/2001 BEFORE THE SUB COURT, THIRUVALLA Exhibit P7 THE COPY OF THE DIRECT PAYMENT AGREEMETN DATED 23.10.1972 Exhibit P8 THE COPY OF THE ORDER DATED 13.1.2010 IN O.P.(SCHEME) 6/2006 BEFORE THE SUB COURT, THIRUVALLA Exhibit P9 THE COPY OF THE JUDGMENT DATED 26.05.2015 IN FAO NO.165/2011 BEFORE THE HONOURABLE HIGH COURT OF KERALA Exhibit P10 THE COPY OF THE G.O.

(RT.)No.3466/2016/H.EDN DATED 20.12.2016 ALONG WITH TYPED COPY OF THE SAME.

SR