Kerala High Court
Rajeevan Kappachery vs State Of Kerala on 24 October, 2024
WP(C) NO. 33404 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 33404 OF 2024
PETITIONER:
RAJEEVAN KAPPACHERY
AGED 55 YEARS
S/O LATE NARAYANAN KAPPACHERY, KAPPACHERY HOUSE, PATTUVAM P.O,
TALIPARAMBA, KANNUR KERALA, PIN - 670143
BY ADVS.
K.RAJESWARY
ANIL PRABHA.K
ALEENA ANABELLY A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, KERALA KERALA GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, KERALA,, PIN - 695001
2 THE DIRECTOR
DIRECTORATE OF MEDICAL EDUCATION THIRUVANATHAPURAM,
KEARLA, PIN - 695011
3 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE, KANNUR THAVAKKARA,
KANNUR KERALA, PIN - 670002
4 THE PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, KANNUR PARIYARAM, KANNUR KERALA,,
PIN - 670503
5 THE SUPERINTENDENT
GOVERNMENT MEDICAL COLLEGE, KANNUR PARIYARAM, KANNUR KERALA,
PIN: 670 503, PIN - 670503
6 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, THAVAKKARA, KANNUR KERALA, PIN:
670002, PIN - 670002
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7 THE DIVISIONAL FOREST OFFICER
KANNOTHUMCHAL, KANNUR DISTRICT-670012, PIN - 670012
8 THE SECRETARY
PARIYARAM MEDICAL COLLEGE EMPLOYEES COOPERATIVE SOCIETY
PARIYARAM,KANNUR DISTRICT, PIN - 670503
BY ADVS.
M.B.SHYNI
K.R.ARUN KRISHNAN(K/617/2011)
V.R.ANILKUMAR(K/001161/2020)
ELDHOSE JOY(K/172/2022)
SARAFUDHEEN T.(K/801/2022)
AJITH P.C.(K/3643/2023)
OTHER PRESENT:
SMT.ALEENA ANABELLI A
SRI K R ARUN KRISHNAN,
SRI K P HARISH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33404 OF 2024
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JUDGMENT
NITIN JAMDAR, C.J.
Heard Ms.Aleena Anabelly A., learned counsel for the
Petitioner and Mr.K.P. Harish, learned Senior Government Pleader for
Respondents 1 to 7.
2. This Public Interest Litigation questions the construction
being carried out in the Chachaji Ward and adjoining areas by
Respondent No.8. The Petitioner has referred to this construction
carried out by Respondent No.8, that is the Secretary, Pariyaram
Medical College Employees Cooperative Society, as unauthorised
construction and has sought to stay and prohibit this construction and
occupation.
3. The Court had directed the District Collector, Kannur to
submit a report. The report has been submitted wherein, the District
Collector has stated that a meeting has been called for to examine all
the aspects raised, including the occupation and legality of the
concerned structures/area. The report refers to the direction issued to
the Principal of Government Medical College to stop renewal/
construction till the next meeting and thereafter, meeting has been
postponed. There is a reference to the maintenance work also in the
report. It is stated that all these aspects will be considered in the next
meeting to be held by the District Collector.
WP(C) NO. 33404 OF 2024
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4. In light thereof, we direct that till a final decision is taken by
the District Collector, no activity shall be taken place as regards
construction/maintenance/repair and the District Collector/(as a
Chairperson of the concerned Committee) in the next meeting, when
question of withdrawal of stop memo will be considered, will deal with
all the issues that are raised by the Petitioner in this Petition and then
take decision recording reasons.
5. Since all the issues raised by the Petitioner would be
considered by the Committee before a final decision is taken and till the
decision is taken, restrain order is issued, we do not deem it necessary to
keep the petition pending.
6. Since, this Petition is disposed of in light of the report filed
by the District Collector, we have not looked into the issue of the bona
fides of the Petitioner which the Respondents have contested.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
rp
WP(C) NO. 33404 OF 2024
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APPENDIX OF WP(C) 33404/2024
PETITIONER EXHIBITS
EXHIBIT -P1 THE TRUE COPY OF THE RECOMMENDATION LETTER, DATED
23.08.2019, FROM THE OFFICE OF THE MEMBER OF
PARLIAMENT, KASARAGOD
EXHIBIT -P2 THE TRUE COPY OF THE LETTER OF THE MEMBER OF
PARLIAMENT, NOMINATING THE PETITIONER AS HIS
REPRESENTATIVE, DATED 25.10.2021
EXHIBIT-P3 THE TRUE COPY OF THE LETTER SUBMITTED BEFORE THE
RESPONDENT NO. 3 BY THE SECRETARY, KANNUR
GOVERNMENT MEDICAL COLLEGE EMPLOYEES AND PENSIONERS
SOCIAL WELFARE COOPERATIVE SOCIETY, ON 13.07.2022
EXHIBIT -P4 THE TRUE COPY OF THE LETTER OF THE MEMBER OF
PARLIAMENT, DATED 29.07.2022
EXHIBIT-P5 THE TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER, ADDRESSED TO THE RESPONDENT NO. 3, ON
05.09.2024,
EXHIBIT -P6 THE TRUE COPY OF THE ORDER OF THE RESPONDENT NO. 3,
DATED 07.09.2024, BEARING REFERENCE NO.
DCKNR/11508/2024-H3
EXHIBIT-P7 TRUE COPY OF THE REPRESENTATION BEFORE THE
DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, KERALA,
DATED 13.09.2024
RESPONDENT EXHIBITS
EXHIBIT R8(A) A TRUE COPY OF THE MINUTES OF THE EXECUTIVE
COMMITTEE MEETING, HOSPITAL DEVELOPMENT SOCIETY,
KANNUR ALONG WITH THE NUMBER OF EXECUTIVE COMMITTEE
MEMBERS WHO ATTENDED THE MEETING DATED 05/01/2023
ALONG WITH ITS TRUE TRANSLATION
EXHIBIT R8(B) A TRUE COPY OF COMMUNICATION DATED 05/09/2024 OF
THE SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE
HOSPITAL, KANNUR TO THE 3RD RESPONDENT ALONG WITH
ITS TRUE TRANSLATION
EXHIBIT R8(C) A TRUE COPY OF COMMUNICATION DATED 16/09/2023 OF
SUPERINTENDENT TO THE SECRETARY, GOVERNMENT MEDICAL
COLLEGE, KANNUR ALONG WITH ITS TRUE TRANSLATION
EXHIBIT R8(D) A TRUE COPY OF COMMUNICATION DATED 26/09/2022 OF
SUPERINTENDENT TO THE EXECUTIVE ENGINEER, PUBLIC
WORKS DEPARTMENT, THALASSERY ALONG WITH ITS TRUE
TRANSLATION
WP(C) NO. 33404 OF 2024
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EXHIBIT R8(E) A TRUE COPY OF COMMUNICATION DATED 16/02/2023 OF
SUPERINTENDENT TO THE SECRETARY, GOVERNMENT MEDICAL
COLLEGE, KANNUR ALONG WITH ITS TRUE TRANSLATION
EXHIBIT R8(F) A TRUE COPY OF COMMUNICATION DATED 23/03/2023 OF
SUPERINTENDENT TO THE SECRETARY, GOVERNMENT MEDICAL
COLLEGE, KANNUR ALONG WITH ITS TRUE TRANSLATION
EXHIBIT R8(G) A TRUE COPY OF COMMUNICATION DATED 07/03/2024 OF
SUPERINTENDENT TO THE DIRECTOR, DIRECTORATE OF
MEDICAL EDUCATION, THIRUVANANTHAPURAM ALONG WITH
ITS TRUE TRANSLATION
