Arunkumar V G vs State Of Kerala
2021 Latest Caselaw 23406 Ker

WP(C) NO. 26752 OF 2021            1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 26TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943
                    WP(C) NO. 26752 OF 2021


PETITIONER/S:

          MOOGAMBIGAI CHARITABLE AND EDUCATIONAL TRUST,
          KAMBIPARA, MYSORE ROAD, BANGALURU 560076,
          REPRESENTED BY ITS TRUSTEE SHRI. S. ARUNKUMAR.

          BY ADVS.
          THUSHARA JAMES
          M.S.AMAL DHARSAN



RESPONDENT/S:

    1     KERALA UNIVERSITY OF HEALTH SCIENCES,
          MEDICAL COLLEGE P.O., THRISSUR 680 596,
          REPRESENTED BY ITS REGISTRAR.

    2     THE REGISTRAR,
          KERALA UNIVERSITY OF HEALTH SCIENCES,
          MEDICAL COLLEGE P.O., THRISSUR 680 596.

    3     THE VICE CHANCELLOR,
          KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
          COLLEGE P.O., THRISSUR 680 596.
          REPRESENTED BY IS REGISTRAR.

          BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
          HEALTH SCIENCES


          SRI. P. SREEKUMAR, SC
 WP(C) NO. 26752 OF 2021                2



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26752 OF 2021                    3




                                JUDGMENT

The petitioner, The Moogambigai Charitable and Educational Trust,

Kambipara, has approached this Court being aggrieved by the refusal by the

respondents in granting approval to the transfer of ownership of SUT

Academy of Medical Sciences (SUTAMS), Thiruvananthapuram to the

petitioner herein.

2. The petitioner contends that pursuant to Ext.P1 letter, Ext.P2 sale

deed has been registered as per which, the immovable properties stand

transferred to the name of the petitioner. Immediately thereafter, Ext.P3

request letter was submitted before the 3rd respondent along with all

necessary documents. The petitioner contends that Ext.P3 was followed up

with Ext.P4 email and Ext.P5 letter. However, without taking note of any of

these aspects, Ext.P6 show-cause notice has been issued by the 2nd

respondent asking the petitioner to show cause why ownership was

transferred without getting prior approval from the respondents. Ext.P7 and

P8 reply letters were issued by the petitioner explaining their stand. When no

action was forthcoming, Ext.P9 representation was submitted. The petitioner

contends that none of the representations submitted by the petitioner was

taken up or considered by the respondents. This has led the petitioner to

approach this Court seeking issuance of directions to the respondents to

grant approval to the transfer of ownership as per Ext.P3 request and for

expeditious consideration of Ext.P9 representation.

3. I have heard Sri.M.S.Amal Dharsan, the learned counsel appearing

for the petitioner.

4. Sri.P.Sreekumar, the learned Standing Counsel appearing for the

respondents submitted that since the petitioner had responded to the show

cause notice and also has submitted a detailed representation, the entire

exercise can be completed in an expeditious manner and a time frame of

three months is sought.

5. Having regard to the facts and circumstances and the submissions

made across the Bar, there will be a direction to the competent among

respondents to consider Exts.P7 and P8 reply and Ext.P9 representation and

take a decision with regard to grant of approval to the transfer of ownership

expeditiously, in any event, within a period of two months from the date of

receipt of a copy of this judgment. Before taking a decision, the petitioner or

their authorised representative shall be afforded an opportunity of being

heard, either physically or virtually. It would be open to the petitioner to

produce a copy of the writ petition along with the judgment before the

concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

DSV

APPENDIX OF WP(C) 26752/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 23/06/2020 ISSUED BY THE DISTRICT COLLECTOR.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 1644/2020/I DATED 24/08/2020.

EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 06/08/2020 ISSUED BY SRI. KANCHI KAMKOTI PEETAM, CHARITABLE TRUST TO THE 3RD RESPONDENT ALONG WITH NECESSARY DOCUMENTS.

EXHIBIT P4 TRUE COPY OF THE EMAIL DATED 07/08/2021 ISSUED TO THE RESPONDENTS.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 17/09/2020 ISSUED BY THE SRI KANCHI KAMKOTI PEETAM CHARITABLE TRUST TO THE 3RD RESPONDENT WITH ACKNOWLEDGMENT.

EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 07/12/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 09/12/2020 ISSUED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE REPLY DATED 09/12/2020 ISSUED BY SRI KANCHI KAMKOTI PEETAM CHARITABLE TRUST.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 09/11/2021.

RESPONDENT(S) EXHIBITS : NIL