Dr.N.Vipin Chandra Lal vs The Puthuppally Grama Panchayat ...
2022 Latest Caselaw 8324 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                     WP(C) NO. 36205 OF 2016
PETITIONERS:

           DR.N.VIPIN CHANDRA LAL
           S/O NADESAN, GRA-N-38, HARISREE,
           GANDHINAGAR P.O., KOTTAYAM DIST- 686 008


           BY ADV SMT.A.SREEKALA


RESPONDENTS:

     1     THE PUTHUPPALLY GRAMA PANCHAYAT (SPECIAL GRADE)
           PUTHUPPALLY P.O. KOTTAYAM- 686 011
           REPRESENTED BY ITS SECRETARY

     2     THE SECRETARY
           THE PUTHUPPALLY GRAMA PANCHAYAT (SPECIAL GRADE)
           PUTHUPPALLY P.O. KOTTAYAM- 686 011

     3     THE PRESIDENT
           THE PUTHUPPALLY GRAMA PANCHAYAT (SPECIAL GRADE)
           PUTHUPPALLY P.O. KOTTAYAM- 686 011
OTHER PRESENT:

           SRI.GEORGE SEBASTIAN,SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.07.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
    W.P(C).36205/2016
                                       2


                              JUDGMENT

Dated this the 1st day of July, 2022

This writ petition is filed by the petitioner seeking the

following reliefs:

"i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records resulting in Exhibit P8 and quash the same.

ii) To issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioner to proceed with Exhibit P4 license and P6 Registration Certificate."

2. Material facts for the disposal of the writ petition are as

follows:

Petitioner and his wife are the owners in possession of building

No.XI/405 of Puthuppally Grama Panchayat and they intended to

start a hospital with 10 beds in the said building in the name and

style "Leela Hospital". Petitioner secured Exhibit-P2 Sanitary

Certificate from the District Medical officer, Exhibit P4 license

under the provisions of Kerala Panchayat Raj Act, 1994 and W.P(C).36205/2016

under the Kerala Panchayat Raj (Issue of License to Dangerous

and Offensive Trades and Factories) Rules, 1996, Exhibit P6

Registration Certificate as per the provisions of Kerala Panchayat

Raj (Registration of Private Hospitals and Private Paramedical

Institutions) Rules and Exhibit P7 Affiliation from the Indian

Medical Association Goes Ecofriendly (IMAGE). However,

thereafter as per Exhibit P8, the Secretary of the Puthuppally

Grama Panchayat has cancelled Exhibit P4 license and Exhibit P6

registration, without any reason and without giving any

opportunity to the petitioner of being heard. It is thus

challenging the legality and correctness of Exhibit P8, this writ

petition is filed before this Court.

3. I have heard Sri. Sreenath Vijayaraghavan representing

Smt. A. Sreekala, learned counsel for the petitioner and perused

the pleadings and materials on record.

4. The Licenses discussed above was apparently for the

period 2016-17. It was the cancellation of the said licenses made

in Exhibit P8 that is challenged in this writ petition. In my

considered opinion, the reliefs sought for has become infructous W.P(C).36205/2016

since the period during which licenses were cancelled is already

over and nothing survives to be adjudicated in this writ petition,

especially due to the fact that the contention of the petitioner is

that licenses were cancelled, without hearing the petitioner.

In that view of the matter, this writ petition is disposed o of

recording the above aspects and also making it clear that if the

petitioner has acquired necessary licenses/clearance/permits

from the respective statutory authorities in accordance with law,

the petitioner is entitled to continue with the hospital.

Sd/-

Shaji P. Chaly, Judge sou.

W.P(C).36205/2016

APPENDIX OF WP(C) 36205/2016

PETITIONER EXHIBITS EXHIBITP1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE DISTRICT MEDICAL OFFICER DATED 07-09-2016 EXHIBITP2 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE DISTRICT MEDICAL OFFICER DATED 03-10-2016 EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07-09-2016 EXHIBIT P4 TRUE COPY OF THE D & O LICENSE DATED 09-09-2016 EXHIBITP5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07-09-2016 EXHIBITP6 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 6-102016 EXHIBITP7 TRUE COPY OF THE LETTER OF AFFILIATION DATED 5-10-2016 EXHIBIT P8 TRUE COPY OF ORDER DATED 31-10-2016 EXHIBITP9 TRUE COPY OF THE EXTRACT OF THE PROCEEDINGS EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 27-10-2016 EXHIBITP11 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 28-10-