Sangeeth Hospital vs Aroor Grama Panchayat
2022 Latest Caselaw 9330 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                          WP(C) NO. 3549 OF 2022
PETITIONERS:

     1     SANGEETH HOSPITAL
           A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT,
           NO.5/1496, SOUTH CHERLAI, MATTANCHERY, COCHIN - 682 002.
           REPRESENTED BY ITS MANAGING PARTNER DR. SASANGA R.
           PRABHU. PIN - 682002

     2     DR. SASANGA R. PRABHU,
           AUTHORIZED SIGNATORY & MANAGING PARTNER AT
           SANGEETH HOSPITAL, HAVING ITS REGISTERED OFFICE AT,
           NO.5/1496, SOUTH CHERLAI,
           MATTANCHERY, COCHIN - 682 002. PIN - 682002
           `
           ROSHEN D ALEXANDER
           HARIMOHAN
           TINA ALEX THOMAS
RESPONDENTS:

     1     AROOR GRAMA PANCHAYAT, AROOR P.O.,
           CHERTHALA, ALAPPUZHA DIST.- 688 534.
           REPRESENTED BY ITS SECRETARY.

     2     THE SECRETARY,
           AROOR GRAMA PANCHAYAT, AROOR P.O.,
           CHERTHALA, ALAPPUZHA DIST.- 688 534.

           SRI.V.N.SANKARJEE, SC
           SMT.VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3549 OF 2022
                                            2


                                    JUDGMENT

This writ petition is filed with the following prayers:

i. To call for the records leading to issuance of Ext.P3 and quash the same.

ii. To issue a writ, order or direction in the form of a declaration declaring that the 2nd Respondent has no jurisdiction either to convict the petitioners or to issue Ext.P3 notice.

Iii. To issue a writ, order or direction in the nature of declaration declaring that as per the provisions of Kerala Panchayat Raj Act especially Section 219S and 219T, a penalty/fine can be imposed under the act only on conviction.

iv. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case

2. Petitioners challenge Ext.P3. By Ext.P3, the 2 nd

respondent of behalf of the 1st respondent inform the petitioners to

pay an amount of Rs.10,000/- as fine for the alleged act of

dumping waste including plastic waste. According to the

petitioners, the petitioner - hospital have got its own waste

management system and petitioners has not dumped any waste as

alleged in Ext.P3. It is also the case of the petitioners that Ext.P3 WP(C) NO. 3549 OF 2022

is an order passed without giving an opportunity of hearing to the

petitioners. The petitioners also challenge the jurisdiction of the

Panchayat to impose the fine invoking the powers under Section

219 of the Kerala Panchayat Raj Act. Hence this writ petition.

3. Heard learned counsel for the petitioners and the

learned counsel appearing for the respondent Panchayat.

4. The main contention raised by the petitioners is that

Ext.P3 is an order passed without giving an opportunity of hearing.

A perusal of Ext.P3 will not show that it is an order passed by the

Panchayat after giving an opportunity of hearing to the petitioners.

The petitioners have got a contention that they are having waste

management system in their hospital. It is the definite case of the

petitioners that the petitioners are not responsible for the act

alleged in Ext.P3. If that is a case Ext.P3 can be set aside and the

matter can be send back to the Panchayat for reconsideration after

giving an opportunity of hearing to the petitioners. Therefore, this

writ petition is allowed in the following manner:

1. Ext.P3 is set aside.

WP(C) NO. 3549 OF 2022

2. The 2nd respondent is directed to reconsider the

matter after giving an opportunity of hearing to the

petitioners and pass appropriate orders in accordance with

law as expeditiously as possible at any rate within one

month from the date of receipt of a copy of this judgment.

The petitioners are free to submit additional representation

also, if necessary.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 3549 OF 2022

APPENDIX OF WP(C) 3549/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE PAPER WASTE LYING AT THE SITE ON 28.01.2022

Exhibit P2 TRUE PHOTOGRAPH OF THE BILL IN WHICH THE PATIENT ID IS CLEARLY EXPOSED.

Exhibit P3 A TRUE COPY OF THE NOTICE BEARING NO. C5-

281/2022 DTD. 28.01.2022.

Exhibit P4 A TRUE COPY OF THE OBJECTION DTD.

31.01.2022 SUBMITTED ON BEHALF OF THE PETITIONERS BEFORE THE RESPONDENTS.