Kerala High Court
Menma Cafe Unit vs Medical College Hospital ... on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF JANUARY 2021/22TH POUSHA, 1942
WP(C).No.20628 OF 2020(C)
PETITIONER:
MENMA CAFE UNIT, WARD NO.12,
ARPOOKKARA GRAMA PANCHAYATH,
ARPOOKARA, KOTTAYAM,
REP. BY ITS SECRETARY.
BY ADV. SHRI.K.B.GANGESH
RESPONDENTS:
1 MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY,
GANDHI NAGAR, KOTTAYAM-686 008,
REP. SECRETARY-SUPERINTENDANT,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM.
2 DISTRICT COLLECTOR,COLLECTORATE,
KOTTAYAM, KOTTAYAM DISTRICT-686 002,
(IN HIS CAPACITY AS THE CHAIRMAN OF
MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY).
3 SUPERINTENDANT, MEDICAL COLLEGE HOSPITAL,
GANDHI NAGAR, KOTTAYAM-686 008,
(IN HIS CAPACITY AS THE SECRETARY OF
MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY)
R1 BY ADV. SRI.SAJI KODUVATH
R1 BY ADV. SRI.P.I.GEORGEKUTTY
GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.20628/2020
2
JUDGMENT
Dated this the 12th day of January, 2021
The writ petitioner is a 'Kudumbasree Unit'. The
petitioner was given contract for running a Milma Booth in
the Medical College premises at Kottayam. The period of
contract was from 03.05.2019 to 02.05.2020 as evidenced
by Ext.P1 agreement.
2. The petitioner submits that by Ext.P2
communication, the petitioner was required to stop the
functioning of Milma Booth and pay an amount of
`1,65,000/-, the arrears payable to the Medical College
Hospital Development Society. The petitioner challenges
Ext.P2 in this writ petition.
3. The 3rd respondent filed a counter affidavit. The
3rd respondent stated that the functioning of the Milma
Booth by the petitioner was not satisfactory. The petitioner
WP(C)No.20628/2020
committed default in payment. Further more, the petitioner
resorted to unauthorised construction in the hospital
premises. Therefore, the Hospital Development Society in
its Executive Committee held on 09.09.2020 decided to
remove the petitioner and entrusted running of Milma Booth
to the District Mission of Kudumbasree. It was also decided
in the meeting that all further agreements need to be made
only with the District Mission. This is discernible from
Ext.R1(a).
4. The learned counsel for the petitioner submitted
that the default in payment of rent is only of 1½ months and
the petitioner can remit the entire arrears to respondents 1
to 3. As regards the unauthorised construction, the learned
counsel for the petitioner submitted that when the petitioner
took up the Milma Booth, there was already a plastic roof
erected in front for the benefits of the customers, who visit
the Milma Booth and the petitioner has only modified the
WP(C)No.20628/2020
said temporary structure. The petitioner is willing to remove
that structure if it is warranted.
5. The learned counsel for the petitioner submitted
that there is no other complaints as regards the running of
Milma Booth by the petitioner. Contracts given by the
Hospital Development Society to all others, are permitted to
continue. Only the agreement with the petitioner is sought
to be terminated. The learned counsel for the petitioner
alleged that the action is mal fide and is intended to entrust
the running of the booth to persons of choice of the
respondents 1 to 3. This cannot permitted.
6. I have heard the learned counsel for the
petitioner, learned Standing Counsel for respondents 1 to 3,
and the learned Government Pleader appearing for District
Mission Co-ordinator, Kudumbasree.
7. From Ext.R1(e), it is discernible that the running
of Milma Booth by the petitioner was not satisfactory to the
WP(C)No.20628/2020
Hospital Development Society. The decision of
respondents 1 to 3 is to entrust the Milma Booth to the
District Mission. It is pertinent to note that in Ext.R1(a), the
Hospital Development Society has taken a decision not only
in respect of the petitioner but in respect of all other
contracts and it has been decided that all agreements
hereafter should be with the District Mission. So this Court
finds that there is no mal fide intention in the decision of
Ext.R1(e).
8. The petitioner was running the Milma Booth
pursuant to an agreement. The period of agreement initially
fixed was 02.05.2020 which stands expired. The petitioner
has no legal right to claim that the petitioner should be
granted extension and permitted to continue.
In the circumstances, this Court finds no reason to
interfere with Ext.P2 decision of the Hospital Development
Society. The writ petition fails and it is accordingly
WP(C)No.20628/2020
dismissed. Respondents 1 to 3 shall grant reasonable time
for the petitioner to vacate the premises peacefully.
Sd/-
N. NAGARESH
JUDGE
ncd
WP(C)No.20628/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF AGREEMENT DATED
03.05.2019.
EXHIBIT P2 TRUE COPY OF ORDER DATED 29.09.2020
ISSUED BY 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF RESOLUTION NO.10(1) OF
ARPOOKKARA GRAMA PANCHAYATH DATED
30.09.2020.
EXHIBIT P4 TRUE COPY OF THE LETTER PREFERRED BY
THE PETITIONER TO THE 3RD RESPONDENT
DATED NIL.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) THE TRUE COPY OF THE LETTER FROM
DISTRICT MISSION CO-ORDINATOR TO THE
SECRETARY DATED 04.07.2018.
EXHIBIT R1(b) THE TRUE COPY OF THE LETTER FROM
PETITIONER TO THE DISTRICT MISSION CO-
ORDINATOR DATED 23.01.2019 WITH
READABLE COPY
EXHIBIT R1(c) THE TRUE COPY OF THE LETTER TO THE 3RD
RESPONDENT FROM THE DISTRICT MISSION
CO-ORDINATOR DATED 30.01.2019 WITHR
EADABLE COPY.
EXHIBIT R1(d) THE TRUE COPY OF THE NOTICE FROM THE
3RD RESPONDENT TO DISTRICT MISSION CO-
ORDINATOR DATED 25.06.2020.
EXHIBIT R1(e) THE TRUE COPY OF THE MINUTES OF THE
EXECUTIVE COMMITTEE OF 1ST RESPONDENT
DATED 09.09.2020.
