[Cites 0, Cited by 0]
Kerala High Court
Kims Kottayam Institute Of Medical ... vs Aymanam Grama Panchayath on 15 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:96463
WP(C) NO. 29318 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA,
1947
WP(C) NO. 29318 OF 2025
PETITIONER/S:
KIMS KOTTAYAM INSTITUTE OF MEDICAL SCIENCES PVT
LTD.
(FORMERLY KNOWN AS KIMS BELLEROSE INSTITUTE OF
MEDICAL SCIENCES PVT LTD.) REPRESENTED BY ITS
CHAIRMAN AND DIRECTOR, DR.M.I.SAHADULLA, HAVING
ITS REGISTERED OFFICE AT TC NO.14/2008, ANAYARA.
P.O. THIRUVANANTHAPURAM, PIN - 695029
BY ADVS.
SRI.M.SREEKUMAR
SRI.A.ABDUL KHARIM
RESPONDENT/S:
1 AYMANAM GRAMA PANCHAYATH
AYMANAM.P.O., KOTTAYAM , REPRESENTED BY ITS
SECRETARY., PIN - 686015
2 SECRETARY
AYMANAM GRAMA PANCHAYATH AYMANAM.P.O., KOTTAYAM,
PIN - 686015
3 JUBEY M.DEVASIA
PADINJAREKALAYIL HOUSE, KUDAMALOOR PO, KOTTAYAM,
PIN - 686017
2025:KER:96463
WP(C) NO. 29318 OF 2025
2
BY ADVS.
SRI.VIJAI MATHEWS
SHRI.JOSEPH THEKKEKURUVANAL
SRI.S.SREEKUMAR (SR)
SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:96463
WP(C) NO. 29318 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.29318 of 2025
----------------------------------------------
Dated this the 15th day of December, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or other writ direction
or order commanding the 2nd respondent to
consider Ext.P7 request and to issue fresh
ownership certificate to the hospital building owned
by the petitioner, bearing building Nos.586A to
586H, in tune with the name shown in Ext.P6
Certificate of Incorporation in the interest of
justice;
ii. To issue a writ of mandamus or other writ direction
or order commanding the 2nd respondent to change
the name of owner of the building bearing
Nos.586A to 586H in the property tax assessment
register as "KIMS KOTTAYAM INSTITUTE OF
MEDICAL SCIENCES PVT LTD" in tune with Ext.P6
certificate of Incorporation in the interest of justice;
iii. to dispense with filing of the translation of
vernacular documents;
iv. such other reliefs that this Hon'ble Court may deem
fit;
(SIC)
2025:KER:96463
WP(C) NO. 29318 OF 2025
2. The main prayer in this writ petition is to considered
Ext.P7 by the 2nd respondent and to issue a fresh ownership
certificate to the hospital building owned by the petitioner,
bearing building Nos.586A to 586H, in tune with the name
shown in Ext.P6 Certificate of Incorporation.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the Panchayat. I also heard the
learned counsel for the 3rd respondent.
4. After hearing both sides, I think there can be a
direction to the 2nd respondent to consider Ext.P7, with notice to
the petitioner and the 3rd respondent, within a time frame.
While deciding the matter, the 2nd respondent will also consider
the applicability of Exts.P13 to P15.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 2nd respondent is directed to consider
Ext.P7, after affording an opportunity of hearing
to the petitioner and the 3rd respondent, as
expeditiously as possible, at any rate, within a
period of three weeks from the date of receipt of
2025:KER:96463
WP(C) NO. 29318 OF 2025
a certified copy of this judgment. The petitioner
and the 3rd respondent will appear before the 2 nd
respondent on 22.12.2025 at 11 am.
2. While deciding the matter, the 2nd respondent
will consider the applicability of Exts.P13 to P15.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 15.12.2025
Judgment dictated 15.12.2025
Draft Judgment placed 15.12.2025
Final Judgment 16.12.2025
uploaded
2025:KER:96463
WP(C) NO. 29318 OF 2025
APPENDIX OF WP(C) NO. 29318 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FRESH CERTIFICATE OF
INCORPORATION DATED 23..08..2013 ISSUED
BY THE REGISTRAR OF COMPANIES, KERALA
AND LAKSHADWEEP
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 15..07..2019 BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO.G3-3889/24
DATED 24..07..2024 OF THE TAHSILDAR
(LAND RECORDS), KOTTAYAM
Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 26.11.2024
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
01.04.2025
Exhibit P6 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 26..11..2024 ISSUED
BY THE REGISTRAR OF COMPANIES
Exhibit P7 TRUE COPY OF THE ONLINE APPLICATION
DATED 02.05.2025 SUBMITTED BY THE
PETITIONER THROUGH KSMART
Exhibit P7(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 02..05..2025 ISSUED FROM THE
OFFICE OF THE 1ST RESPONDENT TOWARDS
RECEIPT OF EXT.P7 APPLICATION
Exhibit P8 TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING DATED 31..12..2012
Exhibit P9 TRUE COPY OF THE SALE DEED
NO.1245/1/2013 DATED 12..04..2013
EXECUTED BY THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE SHARE PURCHASE
AGREEMENT DATED 07..08..2023 ENTERED
INTO BETWEEN THE PARTIES
Exhibit P11 TRUE COPY OF THE NO OBJECTION LETTER
DATED 07..08..2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P12 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT DATED 07..08..2023 IN
2025:KER:96463
WP(C) NO. 29318 OF 2025
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP©NO.27241/2022 DATED
04..06..2024
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
7..8..2024 IN WA NO.987/2024 OF THIS
HON'BLE COURT
Exhibit P15 TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT IN SLP©NO.6380/2025 DATED
04..04..2025
Exhibit P16 TRUE COPY OF THE LAWYER'S NOTICE DATED
04..06..2025 ISSUED BY THE 3RD
RESPONDENT
Exhibit P17 TRUE COPY OF THE REPLY NOTICE DATED
05..07..2025 ISSUED BY THE PETITIONER
Exhibit P18 TRUE COPY OF THE ORDER OF NATIONAL
COMPANY LAW TRIBUNAL, CHENNAI IN IA
NO.193/2018 CP NO.14/2018 DATED
5..9..2018
Exhibit P19 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586A OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P20 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586B OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P21 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586C OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P22 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586D OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P23 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586E OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P24 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586F OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P25 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586G OF
AYMANAM PANCHAYATH DATED 15..04..2025
2025:KER:96463
WP(C) NO. 29318 OF 2025
Exhibit P26 TRUE COPY OF THE PROPERTY TAX PAYMENT
RECEIPT OF BUILDING BEARING NO.586H OF
AYMANAM PANCHAYATH DATED 15..04..2025
Exhibit P27 TRUE COPY OF THE APPLICATION FORM FOR
RENEWAL OF ND3 PERMIT
Exhibit P28 TRUE COPY OF THE SCREENSHOT DOWNLOADED
FROM THE PORTAL
'CLINICALESTABLISHMENTS.KERALA.GOV.IN'
