P.Gopalan vs The State Of Kerala on 3 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26648 of 2010(S)


1. P.GOPALAN, S/O.KUNHAMBU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE CO-OPERATIVE HOSPITAL COMPLEX AND

3. THE ACADEMY OF MEDICAL SCIENCES,

4. KANNUR UNIVERSITY, REPRESETNED BY ITS

5. INDIAN MEDICAL COUNCIL,

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  :SRI.ALEXANDER THOMAS, SC, MCI

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :03/09/2010

 O R D E R
             C.N.RAMACHANDRAN NAIR &
                K.SURENDRA MOHAN, JJ.
             -------------------------------------------
            Writ Petition No.26648 of 2010
             -------------------------------------------
           Dated this the 3rd September, 2010

                          JUDGMENT

Ramachandran Nair, J.

The writ petition is a public interest litigation filed by

the petitioner challenging the proposal of the Government

to allot land to the Co-operative Medical College at

Pariyaram for Medical College and for construction of a

hospital building. The petitioner has relied on Ext.P1

judgment wherein a Single Bench of this Court has held

that the Government land could be utilized for

Government purposes and should not be assigned for any

other purpose. However, the Government Pleader

appearing for the State and the Standing Counsel

appearing for the Co-operative Medical College have

referred to our decision in Writ Appeal No.1262 of 2002

wherein this Court upheld a Single Bench judgment

directing the Government to retain the T.B. Hospital, but

allowed the Government to start any other hospital or

WPC No.26648 of 2010 2

allow the Medical College to start a hospital. It is also

reported that a Specialty Hospital for chest deceases has

already been opened, where treatment is rendered to the

patients. The petitioner’s contention that the Government

land should not be diverted for private purposes is

absolutely tenable. However, in this case, the land given

by the Government is for the hospital run in the Co-

operative Sector where the Co-operative hospital was set

up for providing free treatment to patients. We are of the

view that medical aid extended by the Government to the

poor people through the Co-operative Medical College

Hospital is a public purpose and nothing bars the

Government from assigning the land to the Co-operative

Medical College or to the hospital for their purposes. The

Writ Petition is accordingly dismissed with the above

observation.

C.N.RAMACHANDRAN NAIR, JUDGE

K.SURENDRA MOHAN,
JUDGE

WPC No.26648 of 2010 3

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