Kerala High Court
Ottapalam Co-Operative Group ... vs State Of Kerala on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C) NO. 28828 OF 2017
PETITIONERS:
1 OTTAPALAM CO-OPERATIVE GROUP HOSPITAL
OTTAPPALAM-679102, REPRESENTED BY ITS PRESIDENT, VIJAYAN C.,
S/O.VELU, SOOLAMPETTA HOUSE, PALAPPURAM P.O., OTTAPPALAM VIA,
PALAKKAD DISTRICT.
2 VIJAYAN C.
AGED 59 YEARS, S/O.VELU, SOOLAMPETTA HOUSE, PALAPPURAM P.O.,
OTTAPPALAM- VIA, PALAKKAD DISTRICT, PRESIDENT, OTTAPALAM CO-
OPERATIVE GROUP HOSPITAL SOCIETY LIMITED NO.P610, OTTAPPALAM-
679102.
BY ADV SRI.M.V.BOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE (L),
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE,
PALAKKAD, PIN-678001.
3 THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM, PALAKKAD DISTRICT, PIN-678001.
4 THE TAHSILDAR LR
OTTAPPALAM, PALAKKAD DISTRICT, PIN-400021.
5 THE MEDICAL OFFICER
GOVERNMENT HOSPITAL, OTTAPPALAM, PALAKKAD DISTRICT. 678001.
*ADDL R6 ABDUL JALEEL
AGED 38 YEARS
S/O ABDUL KHADER, PADIKKAMANNIL HOUSE, P.O.OTTAPALAM, PALAKKAD
DISTRICT.
*(ADDL R6 IS IMPLEADED AS PER ORDER DATED 30.10.2017 IN
WP(C) NO. 28828 OF 2017
2
IA.NO.16794/2017)
BY ADV SRI.P.JAYARAM
OTHER PRESENT:
GP - SMT. AMINA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28828 OF 2017
3
JUDGMENT
When this matter was called today, Sri.Vinod Madhavan,
learned counsel for the petitioners, submitted that no further
orders are being sought for in this writ petition because his clients
have, based on a General Body Resolution dated 27.03.2021,
decided to handover the property in question to the Taluk
Government Hospital. He added that this decision has been ratified
by the Board of petitioners on 03.03.2021.
2. In the afore circumstances, I close this writ petition,
recording the afore submissions and leaving liberty to the
competent Authorities to take over the land in question for the
purpose of the Taluk Hospital, Ottapalam, without any further
delay, but not later than one month from the date of receipt of a
copy of this judgment.
3. At this time, Sri.Vinod Madhavan, submitted that liberty
may also be reserved to his clients to seek other remedies,
including for alternate land, subject to entitlement. Though I do not
propose to make any such declaration or to reserve any such
WP(C) NO. 28828 OF 2017
liberty, if the petitioners are entitled to any remedy for such
purpose, they certainly can invoke and pursue it, subject to law and
to the provisions of the applicable statutory Scheme.
4. Sri.P.Jayaram, learned counsel for the 8th respondent,
submitted that it may also be clarified that the afore judgment will
not stop his client from seeking remedies against the petitioners for
having occupied the land unauthorizedly for the last several years.
Again, this Court cannot make any affirmative declarations in
this regard, but if the petitioners obtain any such right, it is left
open to be pursued by them appropriately.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 28828 OF 2017
APPENDIX OF WP(C) 28828/2017
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED 07/11/1986
PREFERRED BY THE THEN PRESIDENT OF THE SOCIETY BEFORE
THE DISTRICT COLLECTOR.
EXHIBIT P2- TRUE COPY OF THE JUDGMENT DATED 14/07/1992 RENDERED
BY THE HON'BLE HIGH COURT OF KERALA IN
O.P.NO.2468/1991.
EXHIBIT P3- TRUE COPY OF THE MAHAZZAR DATED 13/08/1992 EXECUTED
BY THE REVENUE INSPECTOR, OTTAPPALAM.
EXHIBIT P4- TRUE COPY OF THE ORDER DATED 10/08/2017 PASSED BY THE
GOVERNMENT.
EXHIBIT P5- TRUE COPY OF THE NOTICE DATED 22/08/2017 ISSUED BY
THE TAHSILDAR.
EXHIBIT P6- TRUE COPY OF THE OBJECTION DATED 25/08/2017 PREFERRED
BY THE 2ND RESPONDENT BEFORE THE TAHSILDAR.
RESPONDENT EXHIBITS
Exhibit R4(A) A TRUE PHOTOCOPY OF THE ORDER NO.271/2017/REV. DATED
10/08/2017.
Exhibit R4(B) A TRUE PHOTOCOPY OF THE BASIC TAX REGISTER OF 2.14
ACRE IN SY. NO. 189/2.
Exhibit R4(C) A TRUE PHOTOCOPY OF THE LETTER OF THE SUPERINTENDENT,
TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM TO THE
DISTRICT COLLECTOR, PALAKKAD DATED 18/08/2015.
Exhibit R4(D) TRUE PHOTOCOPY OF THE ORDER NO. R.DIS. 2867/54 DATED
31/03/1954 OF MALABAR DISTRICT COLLECTOR.
Exhibit R4(E) A TRUE PHOTOCOPY OF THE NOTICE FIXING THE DATE FOR
HEARING.
WP(C) NO. 28828 OF 2017
Exhibit R4(F) TRUE PHOTOCOPIES OF THE DEPOSITIONS.
TRUE COPY OF THE REPLY DATED 10/02/2017 SUBMITTED BY
Exhibit R6(A) THE 2ND PETITIONER BEFORE THE SECRETARY, OTTAPALAM
MUNICIPALITY.
Exhibit R6(B) TRUE COPY OF THE PROCEEDINGS/REPORT DATED 23/05/2017
SUBMITTED BY THE SECRETARY, OTTAPALAM MUNICIPALITY
BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS.
Exhibit R6(C) TRUE COPY OF THE REPLY DATED 28/02/2017 SUBMITTED BY
THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR,
PALAKKAD.
Exhibit R6(D) TRUE COPY OF THE REPORT DATED 09/12/2016 SUBMITTED BY
THE ADDITIONAL TAHSILDAR, OTTAPALAM TO SUB COLLECTOR,
OTTAPALAM.
Exhibit R6(E) TRUE COPY OF THE REPORT DATED 25/03/2017 SUBMITTED BY
THE DISTRICT COLLECTOR, PALAKKAD TO THE PRINCIPAL
SECRETARY, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM
THROUGH LAND REVENUE COMMISSIONER.
Exhibit R6(E) TRUE COPY OF THE REPORT DATED 25/03/2017 SUBMITTED BY
THE DISTRICT COLLECTOR, PALAKKAD TO THE PRINCIPAL
SECRETARY, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM
THROUGH LAND REVENUE COMMISSIONER.
Exhibit R6(F) TRUE COPY OF THE INFORMATIONS OBTAINED BY ME FROM THE
REGISTRAR (GENERAL), REGISTRATION OFFICE, PALAKKAD
WITH RESPECT TO THE ACTIVITIES OF PETITIONER SOCIETY
IN THE LAST YEARS.
EXHIBIT R6 (G) A TRUE COPY OF THE MALAYALA MANORAMA DAILY DATED
03.11.2019 PALAKKAD EDITION.
Exhibit R6(h) TRUE COPY OF THE MINUTES OF THE MEETING DATED
15/02/2021 HELD AT THE CHAMBER OF SUB COLLECTOR,
OTTAPALAM WITH RESPECT TO THE DEVELOPMENT OF TALUK
HOSPITAL, OTTAPALAM.
