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.
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Writ Petition No.26648 of 2010
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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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