Two writ petitions challenging a Government order taking back land from a SC Medical College to set up a septage plant were dismissed. The court held the action served a public purpose and did not violate fundamental rights.
Writ petitions were dismissed with a note that the Court exercises restraint in awarding costs.
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.
W.P.(C)Nos.14660 & 15105/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
WP(C) NO. 14660 OF 2022
PETITIONERS:
NEELAKANDAN AGED 47 YEARS S/O VELAYUDHAN, RESIDING AT VADAKKEKKATTIL, PALLATHERI.P.O, PALAKKAD-678007, PRESIDENT, PARENTS TEACHERS ASSOCIATION, GOVERNMENT MEDICAL COLLEGE, PALAKKAD, (INSTITUTE OF INTEGRATED MEDICAL SCIENCE), EAST YAKKARA, KUNNATHURMEDU.P.O, PALAKKAD-678013. BY ADV SRI ARAVIND GHOSH
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF TRIBUNAL AFFAIRS, SASTHRI BHAVAN, DR.RAJENDRAPRASAD ROAD, NEW DELHI-110011.
3 PALAKKAD MUNICIPALITY SANTHINAGAR, KUNNATHURMEDU, PALAKKAD-678001,REPRESENTED BY ITS SECRETARY. 4 STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
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9 THE PRINCIPAL SECRETARY TO GOVERMENT, SCHEDULED CASTES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
10 PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 11 MEDICAL COUNCIL OF INDIA PHASE-1, DADA DEV MANDIR ROAD, BLOCK.P, SECTOR 8 DWARAKA, DWARAKA, NEW DELHI-110077. BY ADVS. SRI MANU S., DSG OF INDIA R3 BY SRI BINOY VASUDEVAN SRI RENJITH, SPL.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.6.2022, ALONG WITH WP(C).15105/2022, THE COURT ON 15.11.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.14660 & 15105/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944 WP(C) NO. 15105 OF 2022
PETITIONER:
MOHANDAS P.A. AGED 62 YEARS SLO M.C.AZHAKAN, PATTUKALATHIL HOUSE, GOVIND VINTAGE PALACE, D-8, AYYANTHOLE.P.O., THRISSUR-680003.
BY ADV SRI K.C.SUDHEER
RESPONDENTS:
1 UNION OF INDIA REP.BY-SECRETARY, MINISTRY OF TRIBAL AFFAIRS, SASTHRI BHAVAN, DR.RAJENDRAPRASAD ROAD, NEW DELHI-110011.
W.P.(C)Nos.14660 & 15105/2022
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11 NATIONAL MEDICAL COMMISSION, PHASE-1, DADA DEV MANDIR ROAD, BLOCK P, SECTOR 8 DWARAKA, DWARAKA, NEW DELHI-110077. BY ADVS. SRI BINOY VASUDEVAN SRI RENJITH, SPL.GOVT.PLEADER SRI S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.6.2022, ALONG WITH WP(C).14660/2022, THE COURT ON 15.11.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.14660 & 15105/2022
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T.R. RAVI, J.
W.P.(C)Nos.14660 & 15105 of 2022
Dated this the 15 th day of November, 2022
JUDGMENT
The issue involved in both these writ petitions are the same
and the writ petitions are hence disposed of together. The facts in brief are as follows:
petition claims to be a member of a Scheduled Caste community, whose daughter Nithya is said to be a student of MBBS course in the Institute of Integrated Medical Science (Government Medical College, Palakkad) which is the first Medical College in India functioning under the Scheduled Caste Development Department. The petitioner also claims to be the President of the Parent-Teacher Association of the College. The college started functioning in the year 2014. The Government of Kerala allotted 50 acres of vacant land for the establishment of the Medical College out of 77.8 acres of unutilised land in various survey numbers of Yakkara village in Palakkad Taluk, which was earlier in possession of the ITI. The grievance stated is that, by Ext.P7 order, 70 cents out of the allotted land is taken back and allotted to Palakkad Municipality for the establishment of a septage plant. The petitioner submits that
W.P.(C)Nos.14660 & 15105/2022
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the above action is against the constitutional mandate contained in Article 46 of the Constitution of India, to promote with special care the education and economic interests of the weaker sections of the people and in particular the Scheduled Caste and Scheduled Tribes and the obligation to protect them from social injustice and all forms of exploitation. It is submitted that the SC/ST Commission had conducted an enquiry in the matter and found that the land allotted to the Medical College cannot be used for any other purpose and that there are more suitable lands available in the district for establishing the septage plant. It is further submitted that the establishment of the septage plant inside the Medical College campus will cause serious health psssssss to the students, teachers, staff, doctors, paramedical staff, and especially the patients. It is also stated that transporting septage from outside will cause pollution of water, air, and land and that the river Bharathapuzha is within 100 metre radius of the proposed plant. It is also submitted that the total requirement for the Medical College is 77 acres of land and a representation seeking allotment of the further 27 acres is under consideration by the Government. Ext.P8 is the representation that the Parent-Teacher Association submitted
to the Chief Minister. The association's letterhead shows the President of the Association as one P.A.Mohandas, who is the
W.P.(C)Nos.14660 & 15105/2022
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petitioner in W.P.(C)No.15105 of 2022. The claim of the petitioner that he is the President of the Association does not hence appear to be correct.
W.P.(C)Nos.14660 & 15105/2022
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treatment plants. It is further stated that the National Green Tribunal had on 20.9.2018 directed all the Municipalities in the State to set up Sewage Treatment Plants (STP). It is submitted that the 70 cents of land has been allotted after following the requirements of law and considering the site’s suitability. It is stated that there are no residences within 100 metres radius of the proposed site and the mandatory distance rules are strictly followed. The treatment technology for the disposal of waste is proposed to be done thro ugh E.KID whi ch is stated to be the most modern technology. Two other septage plant projects are proposed in the Sundaram Colony and District Hospital whe re the establishment work is s aid to be going on. It is stated that the work in Yakkara is not commenced due to non availability of the land. It is pointed out that the Government had considered the issue and found that there is surplus land available after establishing the Medical College. The place has been earmarked and handed over to the Municipality. It is also contended that Article 46 of the Constitution of India is not violated.
5 . Heard Sri K.C.Sudheer, on behalf of the petitioner in W.P.(C)No.15105 of 2022, Sri Aravind Ghosh, on behalf of the petitioner in W.P.(C)No.14660 of 2022, Sri S.Manu, DSGI for the 1st respondent, Sri Binoy Vasudevan on behalf of the 3 rd
W.P.(C)Nos.14660 & 15105/2022
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respondent Municipality and Sri Renjith, Special Government Pleader on behalf of the State and its officials.
W.P.(C)Nos.14660 & 15105/2022
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The writ petitions are dismissed. This Court exercises restraint in award of costs.
Sd/-
T.R. RAVI JUDGE
dsn
W.P.(C)Nos.14660 & 15105/2022
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APPENDIX OF WP(C) 14660/2022
PETITIONER EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE GO(MS)NO.66/2013/REV DATED 23/02/2013 |
|---|---|
| Exhibit P2 | THE TRUE COPY OF THE MASTER PLAN NIL DATED |
| Exhibit P3 | THE TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE YAKKARA VILLAGE OFFICER DATED 9/11/2021 |
| Exhibit P4 | THE TRUE COPY OF THE REPRESENTATION DATED 20/10/2015 NO.GMC/PKD/CONS/26/2014 BY THE SPECIAL OFFCER TO THE PRINCIPAL SECRETARY SCDD |
| Exhibit P5 | THE TRUE COPY OF THE REPRESENTATION NO.GMC/PKD/ CONS/26/2014 DATED 29/12/2015 BY THE SPECIAL OFFICER TO THE PRINCIPAL SECRETARY SCDD |
| Exhibit P6 | THE TRUE COPY OF THE PROCEEDINGS OF THE KERALA CABINET MEETING AND ACCOMPANYING FILE NOTE DATED 2/02/2022 |
| Exhibit P7 | TRUE COPY OF THE ORDER GO(MS)NO.66/2022RD DATED 4/03/2022 ISSUED BY THE 5TH RESPONDENT |
| Exhibit P8 | THE TRUE COPY OF THE REPRESENTATION OF PTA OF IIMS TO CHIEF MINISTER DATED 09/02/2022 |
| Exhibit P9 | TRUE COPY OF THE REPRESENTATION OF THE DIRECTOR OF IIMS TO DIRECTOR OF SCDD DATED 10/02/2022 |
| Exhibit P10 | THE TRUE COPY OF THE COMPLAINT OF THE SECRETARY OF PATTIKAJATHI KSHEMA SAMITHI TO SC/ST COMMISSION DATED O8/07/2021 |
| Exhibit P11 | THE TRUE COPY OF THE ORDER PASSED BY THE SC/ST COMMISSION DATED 1/09/2021. |
W.P.(C)Nos.14660 & 15105/2022
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APPENDIX OF WP(C) 15105/2022
PETITIONER EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE GO(MS)NO.66/2013/REV DATED 23/02/2013. |
|---|---|
| Exhibit P2 | THE TRUE COPY OF THE MASTER PLAN NIL DATED . |
| Exhibit P3 | THE TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE YAKKARA VILLAGE OFFICER DATED 9/11/2021. |
| Exhibit P4 | THE TRUE COPY OF THE REPRESENTATION DATED 20/10/2015 NO. GMC/PKD/CONS/26/2014 BY THE SPECIAL OFFICER TO THE PRINCIPAL SECRETARY SCDD. |
| Exhibit P5 | THE TRUE COPY OF THE REPRESENTATION NO. GMC/PKD/ CONS/26/2014 DATED 29/12/2015 BY THE SPECIAL OFFICER TO THE PRINCIPAL SECRETARY SCDD. |
| Exhibit P6 | THE TRUE COPY OF THE PROCEEDINGS OF THE KERALA CABINET MEETING AND ACCOMPANYING FILE NOTE DATED 2/02/2022. |
| Exhibit P7 | TRUE COPY OF THE ORDER GO(MS) NO.66/2022RD DATED 4.3.2022 ISSUED BY THE 5TH RESPONDENT. |
| Exhibit P8 | THE TRUE COPY OF THE REPRESENTATION OF PTA OF IIMS TO CHIEF MINISTER DATED 9/02/2022. |
| Exhibit P9 | TRUE COPY OF THE REPRESENTATION OF THE DIRECTOR OF IIMS TO DIRECTOR OF SCDD DATED 10/02/2022. |
| Exhibit P10 | THE TRUE COPY OF THE COMPLAINT OF THE SECRETARY OF PATTIKAJATHI KSHEMA SAMITHI TO SC/ST COMMISSION DATED 8/07/2021. |
| Exhibit P11 | THE TRUE COPY OF THE ORDER PASSED BY THE SC/ST COMMISSION DATED 1/09/2021. |
3 issues framed by the court
Whether the Government can direct the usage of excess land allotted to a Scheduled Caste Medical College for setting up a septage plant.
Whether the decision violates Article 46 of the Constitution of India regarding the promotion of educational interests of weaker sections.
Whether the petitioners have made out grounds for exercising the discretionary powers under Article 226 to grant relief.
2 provisions across 1 enactments
NEELAKANDAN
MOHANDAS P.A.
UNION OF INDIA
PALAKKAD MUNICIPALITY
STATE OF KERALA
MEDICAL COUNCIL OF INDIA
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
