Kerala High Court
The Public Policy Research vs State Of Kerala
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 7TH DAY OF MARCH 2017/16TH PHALGUNA, 1938
WP(C).No. 37747 of 2016 (P)
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PETITIONER(S):
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THE PUBLIC POLICY RESEARCH,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS REGISTRAR
BY ADVS.SRI.GEORGE MECHERIL
SRI.CYRIAC KURIAN
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. THE DIRECTOR,
GULATI INSTITUTE OF FINANCE & TAXATION,
THIRUVANANTHAPURAM 695 001
3. THE COMMISSIONER OF COMMERCIAL TAXES,
THIRUVANANTHAPURAM 695 001
R1 &R3 SPL. GOVERNMENT PLEADER SRI. N.MANOJ KUMAR
R2 BY ADVS. SRI.K.P.ABDUL AZEES
SMT.SHOBA ANNAMMA EAPEN
SMT.T.ARCHANA
SRI.K.VINEESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SKG
WP(C).No. 37747 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF BUDGET SPEECH
2012-13
EXHIBIT P2 TRUE COPY OF THE G.O(P) 78/2013/FIN DATED 13/2/13
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER AND THE PROJECT
REPORT SUBMITTED BEFORE THE GOVERNMENT
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO
3307/2015/FIN DATED 31/3/2015
EXHIBIT P5 TRUE COPY OF THE G.O(MS) NO 60/2016/TD DATED
23/5/2016
EXHIBIT P6 TRUE COPY OF THE G.O(RT) NO 1087/2015/FIN DATED
15/12/2015
EXHIBIT P7 TRUE COPY OF THE G.O(MS) NO 102/2016 TAXES DATED
18/11/2016
EXHIBIT P8 TRUE COPY OF TH REGISTRATION CERTIFICATE
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATD 25.11.2016
SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER AND COPY
TO THE HON'BLE FINANCE MINISTER AND THE ADDL.CHIEF
SECRETARY
EXHIBIT P10 TRUE COPY OF THE REQUEST TO FIX THE RENT
RESPONDENT(S)' EXHIBITS
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EXT. R3(a): TRUE COPY OF G.O.(P) NO.78/2013/FIN. DTD.13.2.2013.
EXT. R3(b): TRUE COPY OF G.O.(P) NO.8/2016/TD DTD.21.1.2016.
EXT. R3(c): TRUE COPY OF LETTER NO.A-094/GIFT/2016 DTD.9.3.2016.
EXT. R3(d): TRUE COPY OF LETTER NO.B3-36142/13/CT DTD.19.3.2016.
EXT. R3(e): TRUE COPY OF LETTER NO.B3-36142/13/CT DTD.22.11.2016.
EXT.R3(f): TRUE COPY OF LETTER NO.A-094/GIFT/2016 DTD.23.11.2016.
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WP(C).No. 37747 of 2016 (P)
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EXT.R3(g): TRUE COPY OF LETTER NO.B3-36142/13/CT DTD.24.11.2016
FROM THE JOINT COMMISSIONER ADDRESSED TO THE STATION
HOUSE OFFICER, KARAMANA POLICE STATION.
EXT.R3(h): TRUE COPY OF LETTER NO.B3-36142/13/CT DTD.24.11.2016
FROM THE JOINT COMMISSIONER ADDRESSED TO THE JOINT
CONTROLLER OF TECHNICAL EXAMINATIONS,
THIRUVANANTHAPURAM.
EXT.R3(i): TRUE COPY OF LETTER NO.TXI/MISC/2016 DTD.24.11.2016
FROM THE JOINT CONTROLLER OF TECHNICAL EXAMINATION,
THIRUVANANTHAPURAM ADDRESSED TO THE JOINT
COMMISSIONER-I, OFFICE OF THE COMMISSIONER, COMMERCIAL
TAXES, THIRUVANANTHAPURAM.
EXT.R3(j): TRUE COPY OF MAHASSAR DTD.24.11.2016 HAS BEEN PREPARED
BY SMT.SULAJA J.S., ASSISTANT COMMISSIONER (TRAINING).
EXT.R3(k): TRUE COPY OF LETTER NO.16/ADMIN 1/2016/ PPRI
DTD.25.11.2016.
EXT.R3(l): TRUE COPY OF LETTER NO.B3-36142/13/CT DTD.26.11.2016
FROM THE COMMISSIONER, COMMERCIAL TAXES,
THIRUVANANTHAPURAM ADDRESSED TO THE REGISTRAR, PUBLIC
POLICY RESEARCH INSTITUTE, THIRUVANANTHAPURAM.
EXT.R3(m): TRUE COPY OF LETTER NO.A-094/GIFT/2016 DTD.26.11.2016
FROM THE REGISTRAR, GIFT ADDRESSED TO THE REGISTRAR,
PUBLIC POLICY RESEARCH INSTITUTE (PPRI),
THIRUVANANTHAPURAM.
EXT.R3(n): TRUE COPY OF LETTER NO.A-735/16/AC(T) DTD.25.11.2016
FROM THE ASSISTANT COMMISSIONER (TRAINING), COMMERCIAL
TAXES, THIRUVANANTHAPURAM ADDRESSED TO THE STATION
HOUSE OFFICER, KARAMANA POLICE STATION.
EXT.R2(a) TRUE COPY OF THE LETTER NO.094/GIFT/2016 DATED
09.03.2016 SEND BY REGISTRAR
EXT.R2(b) TRUE COPY OF THE LETTER NO.094/GIFT/2016 DATED
23.11.2016 SEND BY REGISTRAR
EXT.R2(c) TRUE COPY OF THE LAND TAX RECEIPT NO.M 0210068 DATED
19.12.2016
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WP(C).No. 37747 of 2016 (P)
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EXT.R2(d) TRUE COPY OF THE SALE DEED NO.1320/1994, DATED
23.05.1994
EXT.R2(e) TRUE COPY OF THE LETTER F NO. 34/119/2005-ST DATED
03.03.2009
EXT.R2(f) TRUE COPY OF THE TRIPARTITE MEMORANDUM OF UNDER
STANDING BETWEEN GOVERNMENT OF INDIA AND FIFT DATED
01.06.2009
EXT.R2(g) TRUE COPY OF THE LETTER NO.B3-36142/13/CT DATED
19.03.2016 ISSUED BY THE ASSISTANT COMMISSIONER-1
COMMERCIAL TAX DEPARTMENT
EXT.R2(h) TRUE COPY OF THE LETTER NO.A-14/SPA/DIR/PPRI/2016
DATED 14.3.2016
/TRUE COPY/
P.S. TO JUDGE
SKG
SHAJI P. CHALY, J.
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W.P.(C) No.37747 of 2016
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Dated this the 7th day of March, 2017
JUDGMENT
This writ petition is filed by the petitioner challenging Ext.P7 Government Order dated 18.11.2016, whereby the Commissioner of Commercial Taxes, Thiruvananthapuram was directed to take over the building occupied by the petitioner Institute, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:
2. Petitioner is the Public Policy and Research Institute, Thiruvananthapuram constituted on CDS model with its functioning and administrative structure on CDS pattern, pursuant to the announcement made in the Budget speech, 2012-13 by the then Finance Minister, evident from Ext.P2.
Necessary steps were taken for the formation of the organization at the State Government level, and thereupon, in order to house the organization, a portion of the 1st floor, except the Director's Room and Conference room of the old building of Gulati Institute of Finance and Taxation (GIFT) was allotted to the petitioner vide Government Order dated W.P.(C) No.37747 of 2016 2 21.01.2016. Thereafter, as per the Government Order dated 23.05.2016, Government decided to allot the entire space at the old building of GIFT except the Director's room and Conference room to the petitioner institute until the institute gets an alternative facility, evident from Ext.P5. Financial support was also provided by the State Government, evident from Ext.P6. According to the petitioner, all on a sudden, Ext.P7 order is issued directing to take over the entire building occupied by the petitioner.
3. Respondents 1 and 3 have jointly filed a counter affidavit. Second respondent has filed a counter affidavit. Additional counter affidavits are also filed by respondents 1 and 2, refuting the claims and demands raised by the petitioner, and also stating that the building is required for the purpose of accommodating the Commercial Taxes Office. It is also stated that the petitioner is not having any vested right to occupy the Government building. Taking into account the requirement of the Commercial Taxes Department only the earlier Government Orders were cancelled, and the Government have decided to take over the building from the petitioner. The counter affidavit filed by the 2nd respondent W.P.(C) No.37747 of 2016 3 materially supports the contentions advanced by respondents 1 and 3, and further submits that Ext.P7 order is passed legally and therefore, the same is not liable to be assailed in any manner by the petitioner. Moreover, the respondents submit that there is no malafides or other illegality on the part of the State Government in taking over the building from the petitioner.
4. Taking note of the respective submissions made across the Bar, and the pleadings and documents produced by the rival parties, I am of the considered opinion that, even though the State Government has provided accommodation to the petitioner in the building in question, it was consequent to the need and requirement of the Commercial Taxes Department, Government have cancelled the earlier orders allotting the building to the petitioner, and passed an order to take necessary steps to take possession of the building in question. Moreover, respondents have a contention that petitioner has not paid the rent of the building for the past several months. Anyhow, taking into account the submissions made across the Bar, I am of the considered opinion that there are no illegality, arbitrariness or malafides in Ext.P7 order W.P.(C) No.37747 of 2016 4 passed by the State Government. However, a breathing time is to be provided to the petitioner to vacate the premises. Even though I am not inclined to interfere with Ext.P7 order, respondents are directed to provide three months' time to the petitioner, from the date of receipt of a copy of this judgment, for shifting the office.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE St/-
08.03.2017