IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 5TH OCTOBER, 2009 / 13TH ASWINA, 1931 WA.No. 2786 of 2002 (B) (AGAINST THE JUDGMENT IN OP.14335/1995 dtd.3.6.1997) .................... APPELLANTS/RESPONDENTS 3 AND 4: ------------------------------------------------------ 1. THE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICES LTD NO.4386, KANNUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR, REPRESENTD BY ITS DIRECTOR. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS/PETITIONERS & RESPONDENTS 1,2,5 TO 9: ---------------------------------------------------------------------------------- 1. MANOJ KUMAR THERAYIL SECRETARY, HEALTH ACTION NET WORK OF DOCTORS AND STUDENTS, TRIVANDRUM. 2. AJITH KUMAR. G., PRESIDENT, KERALA MEDICOS ASSOCIATION, MEDICAL COLLEGE, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., TRIVANDRUM. 4. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. * 5. THE SUPERINTENDENT OF SANITORIUM FOR CHEST DISEASES, PARIYARAM, KANNUR. 6. THE DISTRICT COLLECTOR, KANNUR. 7. THE DISTRICT MEDICAL OFFICER (HEALTH) KANNUR. W.A.NO.2786 OF 2002 :-2-: 8. THE UNIVERSITY OF CALICUT, THENHIPALAM, REPRESENTED BY ITS REGISTRAR. 9. INDIAN MEDICAL COUNCIL, ALL INDIA MEDICAL INSTITUTE, NEW DELHI, REPRESENTED BY ITS SECRETARY. (* The fifth respondent is deleted from the party array vide order dated 27.8.2003 in I.A.No.1103 of 2003) R1 AND R2 BY ADV.SRI.P.C.SASIDHARAN. BY SRI.B.S.SWATHY KUMAR, SPL.GOVT.PLEADER FOR R3,4,6 & 7 R3,R4.R6 AND R7 BY GOVERNMENT PLEADER SRI.P.K.BABU. BY SRI.ALEXANDER THOMAS, SC, MCI FOR R9 BY SRI.S.GOPAKUMARAN NAIR, SC, CALICUT UTY FOR R8 BY SRI.G. UNNIKRISHNAN BY SRI.P.V. RAMESH SANKAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH WA NO. 288 OF 2003, WA NO. 1144 OF 2003, WA NO. 1262 OF 2002 AND WA NO. 1145 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.A.Nos.2786 & 1262 of 2002, 2888, 1144 and 1145 of 2003 --------------------------------------------- Dated this the 5th day of October, 2009 J U D G M E N T Ramachandran Nair,J: The connected writ appeals arise from the common judgment of the learned single Judge declaring that the Government is not entitled to close down the T.B.Sanatorium at Pariyaram, which is run in the property gifted by one C.Samuel Aaron in the year 1950. Even though the single Judge cancelled the assignment of part of land made by the State Government in favour of the Co-operative Medical College, Kannur vide order dated 11.3.1994, it is declared that the State Government will be free to run a Medical College and a Super Speciality Hospital in the very same property without in any manner stopping the running of the T.B.Sanatorium W.A.NO.2786 of 2002 and connect.cases :-2-: either in its original form or with improvements. Another Division Bench dismissed W.A.No.1143 of 2003 filed against the same judgment by the Government. We do not think, the Government can have any grievance against the judgment because besides retaining the T.B.Sanatorium for the purpose of local people, this Court granted permission to the Government to start Medical College Hospital and other medical facilities for the benefit of the public. Counsel appearing for the Pariyaram Medical College submits that in fact, a chest hospital was also started in the property, which not only handled T.B.cases, but also matters related to chest problems, free of cost. 2. In the circumstances, we do not find any ground to interfere with the judgment. It is open to the Co-operative Medical College to improve the existing hospital or to make additional facilities for W.A.NO.2786 of 2002 and connect.cases :-3-: the public. The writ appeals are closed with the above observation. The interlocutory applications (I.A.Nos.840/2003,841/2003,1958/2003 and 2514/ 2003) do not survive and are dismissed. C.N.Ramachandran Nair, Judge. V.K.Mohanan, MBS/ Judge. W.A.NO.2786 of 2002 and connect.cases :-4-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------------------------------ W.A.Nos.2786 & 1262 of 2002, 2888, 1144 and 1145 of 2003 --------------------------------------------------- J U D G M E N T DATED: 5-10-2009 W.A.NO.2786 of 2002 and connect.cases :-5-: