Kerala High Court
Devarajan .R vs State Of Kerala on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 7238 OF 2022
PETITIONER:
DEVARAJAN .R
AGED 61 YEARS
S/O.RAGHAVAN, PERUMPALLITHARAYIL
ALAPPAD, ALUMKADAVU P.O
KARUNAGAPPALLY
KOLLAM DISTRICT - 690573
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY
SECRETARIAT, THIRUVANANTHAPURAM
PIN-695001
DIRECTOR OF HEALTH SERVICES
DIRECTRATE OF HEALTH SERVICES
GENERAL HOSPTIAL JUNCTION
THIRUVANANTHAPURAM
PIN - 695035
SUPERINTENDENT
TALUK HEAD QUARTERS HOSPITAL
KARUNAGAPPALLY, KOLLAM DISTRICT
PIN - 690 518
DISTRICT MEDICAL OFFICER
OFFICE OF THE DISTRICT MEDICAL OFFICER
CIVIL STATION, KOLLAM
PIN - 691013
WP(C) NO.7238 OF 2022
2
DISTRICT COLLECTOR
COLLECTRATE, CIVIL STATION
KOLLAM
PIN - 691013
SMT.PARVATHY -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.7238 OF 2022
3
JUDGMENT
Dated this the 4th day of March, 2022
The petitioner is conducting a Coffee shop and Telephone
booth in the premises of Taluk Head Quarters Hospital,
Karunagappally since 2005 as permitted by the hospital authorities.
The National Highway Authority of India has taken steps for
acquisition of certain portion of Taluk Head Quarters Hospital,
Karunagappally for the purpose of widening NH 66. As part of the
acquisition, the Revenue authorities have requested the Taluk Head
Quarters Hospital Superintendent to give possession of land within
the hospital compound including the area where the petitioner has
installed the Coffee shop and Telephone booth. Accordingly, by
Ext.P5 letter of the Superintendent of the Hospital, the petitioner has
been asked to relocate the Coffee shop and Telephone booth. The
petitioner has filed Ext.P6 representation before the 3 rd respondent
requesting to specify a place for relocating the petitioner's
Telephone booth and Coffee shop within the premises of the Taluk
Head Quarters Hospital, Karunagappally. The limited prayer of the
WP(C) NO.7238 OF 2022
petitioner is for a direction to the 3rd respondent to consider Ext.P6
representation within a time frame.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader for the respondents.
Having regard to the facts and circumstances of the case and
the limited relief prayed for by the petitioner, there will be a direction
to the 3rd respondent to consider Ext.P6 representation within a
period of one month from the date of receipt of a copy of this
judgment, in case Ext.P6 is not already disposed of. The petitioner
shall produce a copy of the writ petition along with exhibits and a
certified copy of the judgment before the 3rd respondent.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spk
WP(C) NO.7238 OF 2022
APPENDIX OF WP(C) 7238/2022
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF LETTER DATED 18.08.2005
BEARING NO.B 626/2005 ISSUED BY
SUPERINTENDENT TALUK HEAD QUARTERS
HOSPITAL, KARUNAGAPPALLY
EXHIBIT P2 A TRUE COPY OF LETTER DATED 03.10.2013
ISSUED BY DEPUTY SECRETARY, GOVERNMENT OF
KERALA
EXHIBIT P3 A TRUE COPY OF ORDER DATED 28.12.2013
BEARING NO.A-3069/2012 ISSUED BY
SUPERINTENDENT TALUK HEAD QUARTERS
HOSPITAL, KARUNAGAPPALLY
EXHIBIT P4 A TRUE COPY RECEIPT DATED 31.03.2021
ISSUED BY HOSPITAL MANAGING COMMITTEE
EXHIBIT P5 A TRUE COPY NOTICE DATED 22.12.2021 ISSUED
BY 3RD RESPONDENT
EXHIBIT P6 A TRUE COPY OF REPRESENTATION DATED
17.01.2022 SUBMITTED BEFORE 3RD RESPONDENT
RESPONDENT'S/S EXHIBITS : NIL
