V.N. Public Health And Educational ... vs State Of Kerala
2025 Latest Caselaw 9018 Ker

Kerala High Court

V.N. Public Health And Educational ... vs State Of Kerala on 22 September, 2025

                                          2025:KER:70670
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WP(C) No.13690 of 2019


       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR. JUSTICE P.M.MANOJ

 MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA,

                          1947

                WP(C) NO. 13690 OF 2019

PETITIONER/:

         V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST
         NO.22/27, PADMAVATHIPURAM, 7TH STREET,
         GANDHINAGAR POST, TIRUPUR, REPRESENTED BY ITS
         GENERAL POWER OF ATTORNEY HODLER AND TRUSTEE
         K.M.MURUGESAN, AGED 49 YEARS, S/O.LATE
         K.MUTHUSAMY RESIDING AT DOOR NO.7/564 A, G.N.
         GARDEN, NERUPERICHAL VILLAGE,
         POOLUVAPATTIL.P.O, TIRUPUR-641602, TIRUPUR
         DISTRICT, TAMILNADU STATE

         BY ADVS.
         SRI.T.V.GEORGE
         SRI.JIMMY GEORGE (THADATHIL)



RESPONDENTS:

   1     STATE OF KERALA, REPRESENTED BY THE SECRETARY
         TO HEALTH AND FAMILY WELFARE DEPARTMENT,
         GOVERNMENT SECRETARIAT, TRIVANDRUM-695001

   2     PUTHUSSERY GRAMA PANCHAYATH
         REPRESENTED BY ITS SECRETARY KANJIKKODE P.O,
         PALAKKAD DISTRICT, PIN-678621

   3     DISTRICT MEDICAL OFFICER,
         OFFICE OF THE DISTRICT MEDICAL OFFICE, IIND
         FLOOR, CIVIL STATION, PALAKKAD, PIN-678001.

   4     DISTRICT FIRE OFFICER,
         FIRE AND RESCUE SERVICES, CIVIL STATION .P.O,
                                                     2025:KER:70670
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WP(C) No.13690 of 2019


            PALAKKAD-678001.

   5        V.ANILKUMAR,
            AGED 51 YEARS
            S/O.LATE CHACHUKUTTY, A2 JAWAHAR NAGAR COLONY,
            SALES TAX OFFICE ROAD, CLICUT-673006

   6        KERALA UNIVERSITY OF HEALTH AND ALLIED
            SCIENCES
            REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE
            PO, THRISSUR-680001.

            BY ADVS.
            SHRI.BABU JOSEPH KURUVATHAZHA,SC,PUDUSER
            SRI.P.SANJAY



OTHER PRESENT:

            R1,3 AND 4 - SRI.JAYAN.T, GOVERNMENT PLEADER
            SRI.P.SREEKUMAR(SR) SRI.BINNY THOMAS
       THIS   WRIT   PETITION    (CIVIL)   HAVING    COME   UP   FOR
ADMISSION     ON   22.09.2025,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
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WP(C) No.13690 of 2019


                          JUDGMENT

Dated this the 22nd day of September, 2025

When the matter was taken up for consideration,

the learned Government Pleader, on instructions, submitted

that the petitioner has not even obtained a 'No Objection

Certificate' from the District Medical Officer till date and the

Panchayat Secretary was directed to ensure that the NOC

from the District Medical Officer is obtained prior to the

issuance of the license. The Panchayat will take action only if

the further formalities are completed. Moreover, the

primary prayer sought is against the 5th respondent, who

has not responded to the notice served on him, till date. In

such circumstances, it appears to me that even the

petitioner is not serious about the writ petition.

Under such circumstances, the writ petition is

closed without prejudice to the right of the petitioner to

move further, if it is found necessary in future.

sd/-

P.M. MANOJ JUDGE

das 2025:KER:70670

APPENDIX OF WP(C) 13690/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DEED OF TRUST BY REGISTRATION NO.1134/95 IN SUB REGISTRY OFFICE, ERODE, ON 10/11/'95 UNDER THE LEADERSHIP OF DR.NANDAGOPAL EXHIBIT P2 TRUE COPY OF THE REGISTERED DEED NO.882/2012 OF SRO, TIRUPUR INFAVOUR OF RAVI BALAN ON 6/7/2012.

EXHIBIT P3 TRUE COPY OF THE SUPPLEMENT DEED BY REGISTERED DOCUMENT NO.34/2014 OF SRO, TIRUPUR ON 25/6/2014.

EXHIBIT P4 TRUE COPY OF REGISTERED DEED BY DOCUMENT NO.43/2016 OF SRO TIRUPUR ON 6/5/'16 EXHIBIT P5 TRUE COPY OF GENERAL POWER OF ATTORNEY EXECUTED IN FAVOUR OF SRI.K.M.MURUGAN BY DOCUMENT NO.4955/2016, ON 18/3/2016 EXHIBIT P6 TRUE COPY OF LICENSE ISSUED FOR THE PERIOD 2009-2010 ISSUED BY THE 2ND RESPONDENT -PANCHAYAT ON 25/6/'09 EXHIBIT P7 TRUE COPY OF LICENSE ISSUED FOR THE PERIOD 2010-2011 ISSUED BY THE 2ND RESPONDENT -PANCHAYAT ON 7/7/'10 EXHIBIT P8 TRUE COPY OF CRIME (FIR) NO.976/2016 U/S.379, 465, 420 AND 149 DTD 23/12/2016, AGAINST THE 5TH RESPONDENT BY THE WALAYAR POLICE STATION.

EXHIBIT P9 TRUE COPY OF FORM 5 CERTIFICATE ALONG WITH THE FORWARDING LETTER DATED 22/12/2018 FROM THE DISTRICT COLLECTOR, PALAKKAD EXHIBIT P10 TRUE COPY OF FREEZING ORDER DATED 19/3/'19 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD EXHIBIT P11 TRUE COPY OF THE ORDER DATED 18/3/'19 ISSUED BY THE BOARD OF GOVERNORS OF MEDICAL COUNCIL OF INDIA EXHIBIT P12 TRUE COPY OF LETTER DATED 29/12/2018 ISSUED BY THE 2ND RESPONDENT TO 2025:KER:70670

SRI.RAVI BALAN EXHIBIT P13 TRUE COPY OF TAX PAID RECEIPTS FOR THE PERIOD 2018-'19 DTD 13/12/2018 ISSUED BY THE PUDUSSERY EAST VILLAGE OFFICE FOR TANDAPER NO.48/T1 IN THE NAME OF PETITIONERS-TRUST.

EXHIBIT P13 TRUE COPY OF TAX PAID RECEIPTS FOR THE PERIOD 2018-'19 DTD 13/12/2018 ISSUED BY THE PUDUSSERY EAST VILLAGE OFFICE FOR TRANDAPER NO.403/14 IN THE NAME OF PETITIONER-TRUST EXHIBIT P13 TRUE COPY OF TAX PAID RECEIPT FOR THE PERIDO 2018-'19 DTD 13/12/2018 ISSUED BY THE PUDUSSERY EAST VILLAGE OFFICE FOR TANDAPER NO.403/T3 IN THE NAME OF PETITIONER-TRUST EXHIBIT P13 TRUE COPY OF TAX PAID RECEIPT FOR THE PERIOD 2018-'19 DTD 13/12/2018 ISSUED BY THE PUDUDSSERY EAST VILLAGE OFFICER, IN THE NAME OF PETITIONER- TRUST EXHIBIT P14 TRUE COPY OF THE POSSESSION CERTIFICATE DTD 9/1/2019 ISSUED BY THE PUDUSSERY EAST VILLAGE OFFICE IN FAVOUR OF PETITIONER -TRUST EXHIBIT P15 TRUE COPY OF JUDGMENT DTD 3/5/'19 IN WP NO.6518/'19 PASSED BY THIS HON'BLE COURT