IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 26648 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------ P.GOPALAN, S/O.KUNHAMBU, PARAVOOR, PANAPUZHA.P.O., M.M.BAZAR (VIA), KANNUR. BY ADVS. SRI.M.V.AMARESAN, SRI.P.S.PRADEEP. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICE LTD.NO. 4386, REPRESENTED BY ITS MANAGING DIRECTOR, PARIYARAM, KANNUR. 3. THE ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR, REPRESENTED BY ITS DIRECTOR. 4. KANNUR UNIVERSITY, REPRESETNED BY ITS REGISTRAR, KANNUR-670 001. 5. INDIAN MEDICAL COUNCIL, REPRESENTED BY ITS SECRETARY, INDIAN MEDICAL COUNCIL, NEW DELHI-I. R1 BY SPL.GOVERNMENT PLEADER SMT. ANU SIVARAMAN R2 BY ADV. SRI. P.V.SURENDRANATH, SC R4 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY R5 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------- Writ Petition No.26648 of 2010 ------------------------------------------- Dated this the 3rd September, 2010 JUDGMENT Ramachandran Nair, J. The writ petition is a public interest litigation filed by the petitioner challenging the proposal of the Government to allot land to the Co-operative Medical College at Pariyaram for Medical College and for construction of a hospital building. The petitioner has relied on Ext.P1 judgment wherein a Single Bench of this Court has held that the Government land could be utilized for Government purposes and should not be assigned for any other purpose. However, the Government Pleader appearing for the State and the Standing Counsel appearing for the Co-operative Medical College have referred to our decision in Writ Appeal No.1262 of 2002 wherein this Court upheld a Single Bench judgment directing the Government to retain the T.B. Hospital, but allowed the Government to start any other hospital or WPC No.26648 of 2010 2 allow the Medical College to start a hospital. It is also reported that a Specialty Hospital for chest deceases has already been opened, where treatment is rendered to the patients. The petitioner's contention that the Government land should not be diverted for private purposes is absolutely tenable. However, in this case, the land given by the Government is for the hospital run in the Co- operative Sector where the Co-operative hospital was set up for providing free treatment to patients. We are of the view that medical aid extended by the Government to the poor people through the Co-operative Medical College Hospital is a public purpose and nothing bars the Government from assigning the land to the Co-operative Medical College or to the hospital for their purposes. The Writ Petition is accordingly dismissed with the above observation. C.N.RAMACHANDRAN NAIR, JUDGE K.SURENDRA MOHAN, JUDGE WPC No.26648 of 2010 3 css/