A PIL regarding the construction of a compound wall around Govt. Medical College, Kozhikode, which allegedly blocks access roads and gates. The petitioner sought directions to halt construction and provide alternative access. The High Court, finding that authorities must act in the best interest of all, dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943
WP(C) NO. 17991 OF 2021
PETITIONER/S:
VINEESH K.M., AGED 41 YEARS, S/O.VASU NAIR, MANAKKAD, NEAR KSHB COLONY, MEDICAL COLLEGE P.O., KOZHIKODE-673008.
BY ADVS. SRINATH GIRISH P.JERIL BABU
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
GOVT. MEDICAL COLLEGE, KOZHIKODE, MEDICAL COLLEGE P.O., KOZHIKODE-673008.
5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CIVIL STATION, KOZHIKODE-673020.
SRI.V.TEK CHAND, SR.GOVERNMENT PLEADER FOR R1-R3 ADV.SRI.V.KRISHNAMENON, FOR R4
BY ADV BINDUMOL JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 6th day of September, 2021
S. Manikumar, CJ
Petitioner has sought for the following reliefs:
A. Issue a Writ of Certiorari or any other appropriate writ, direction or order commanding the respondents herein to cease construction of the compound wall around the campus of the Government Medical College Campus, Kozhikode, before construction of a Ring Road with a uniform width of 12 Metres for the passage of patients and travelers arriving from the eastern side of Kozhikode District and the residents of the locality;
B. Issue a Writ of Certiorari or any other appropriate writ, direction or order directing the respondents to refrain from blocking the present Pipeline Road near the Chemical Examination Laboratory by the construction of the compound wall around the campus of the Government Medical College, Kozhikode;
C. Issue a Writ of Mandamus or any other appropriate writ, direction or order directing the respondents to provide a gate for access on the eastern side of the compound wall being constructed around the campus of the Government Medical College, Kozhikode and another one to the Olympian Rahman Stadium.
2. Short facts leading to filing of writ petition are as follows:
This public interest litigation is filed by a resident in the vicinity of the
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Government Medical College, Kozhikode. According to him, a compound wall is being constructed around the campus of the said college. Though it was envisaged that a Ring Road with a uniform width of 12 M would be constructed to facilitate easy access of the residents of the locality and vehicular traffic to the facilities of the college, construction of the wall has begun without construction of the promised road. Access to the campus is being blocked, with the sole entry proposed being the Main Entrance of the college. The said access is already congested with vehicular traffic and making it the sole mode of entry and exit will cause untold suffering to the patients, travelers and general public.
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college to enter or exit, except for the Main Entrance. Even in cases of medical emergency, where time and distance are of the utmost importance, the only option is to access the facilities of the college only through that route.
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Kozhikode, so as to enable the students, employees of the College and others stated supra to utilise the stadium, hospital and other places, without causing any inconvenience to the patients.
the Government are expected to act, in the best interest of all concerned.
Writ petition is dismissed.
Sd/-
S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
W.P(C).17991/2021
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APPENDIX OF WP(C) 17991/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF A NEWS ITEM IN THE MATHRUBHUMI DAILY IN CONNECTION WITH THE CONSTRUCTION OF THE COMPOUND WALL OF THE GOVT.MEDICAL COLLEGE, KOZHIKODE (ALONG WITH ITS TRANSLATION INTO ENGLISH).
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM IN THE MALAYALA MANORAMA DAILY ON 26.08.2021 (ALONG WITH ITS TRANSLATION INTO ENGLISH).
EXHIBIT P3 PHOTOGRAPH OF THE GATE OF THE OLYMPIAN RAHMAN STADIUM, TAKEN ON 03.07.2021 (BEFORE THE CONSTRUCTION OF THE WALL ACROSS IT). EXHIBIT P4 PHOTOGRAPH OF O THE COMPOUND WALL CONSTRUCTED ACROSS THE GATE OF THE OLYMPIAN RAHMAN STADIUM.
2 issues framed by the court
Whether a writ of direction should be issued commanding respondents to cease construction of a compound wall around Govt. Medical College, Kozhikode, pending road construction.
Whether directions should be issued to provide gates for access to the eastern side of the campus and the Olympian Rahman Stadium.
Vineesh K.M.
The State of Kerala
The Principal, Govt. Medical College, Kozhikode
The Superintendent, Govt. Medical College, Kozhikode
The Kozhikode Corporation
The Executive Engineer Public Works Department, Civil Station, Kozhikode
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
