Disposed

M/S. Aster D M Healthcare Limited v. the Additional Director General of Police

Kerala HC13 Oct 2022WP(C)/1785/2018

Case brief

AI extract

What is this about?

Petitioner challenged Vigilance Bureau retention of files hindering building permit renewal. Court noted Lok Ayukta had ordered file return and permit processing. With final vigilance report pending and permits reportedly granted, no further court order was required.

What did the court decide?

None; the Court disposed of the petition noting that no further orders were required as the final vigilance report is pending and the petitioner has obtained the necessary permits.

M/S. Aster D M Healthcare Limited Vs… — Constitutional and Fundamental Rights | Kerala HC (2022)

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W.P.(C) No. 1785/2018

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 13^TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944

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WP(C) NO. 1785 OF 2018

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PETITIONER/S:

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M/S. ASTER D M HEALTHCARE LIMITED KUTTY SAHIB ROAD, SOUTH CHITTOOR.P.O., .CHERANALLOOR, ERNAKULAM- 682 027, REPRESENTED BY ITS COMPANY SECRETARY, MR. RAJESH.A.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SMT.NAYANPALLY RAMOLA SRI.PAULOSE C. ABRAHAM

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RESPONDENT/S:

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1 THE ADDITIONAL DIRECTOR GENERAL OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU, PMG JUNCTION, THIRUVANANTHAPURAM – 695 033.

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2 THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, 38/2871, CBI ROAD, NEAR CBI OFFICE, KATHRIKKADAVU, KALOOR, ERNAKULAM- 682 017.

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3 ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND VIGILANCE, ROOM NO. 357(A) & 358, MAIN BLOCK, SECRETARIAT, M.G. ROAD, THIRUVANANTHAPURAM- 695 001.

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4 THE CHERANELLOOR GRAMA PANCHAYATH SOUTH CHITTOOR.P.O.ERNAKULAM- 682 027, REPRESENTED BY ITS SECRETARY.

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BY ADVS. SRI.T.K.AJITHKUMAR VALATH

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W.P.(C) No. 1785/2018 : 2 :

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SRI. TEK CHAND, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 1785/2018

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S. MANIKUMAR, CJ & SHAJI P. CHALY, J.

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--------------------------------------------------------W.P.(C) No. 1785 of 2018

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Dated this the 13^th day of October, 2022.

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JUDGMENT

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S. MANIKUMAR,CJ.

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Before the Lok Ayukta, the petitioner, Aster D M Healthcare Limited, represented by its Company Secretary, Chittoor P.O., Cheranalloor, Ernakulam, has sought for the following reliefs:

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1. Direct respondents 1 and 2 to forthwith stop all investigations into matters which are covered by Exhibit P7 to P11 judgments of the Hon’ble High Court of Kerala and forthwith return all documents relating to the building permit issued to the complainant and in the custody of the 2^nd respondent to the 3^rd respondent.

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1. Consequently, direct the 3^rd respondent to consider the applications submitted by the complainant for renewal of building permit bearing No. C6/7830/2011 issued by it and the application for issuance of new building permit/permits in accordance with law.

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After considering the rival submissions, vide Exhibit P18

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order dated 07.12.2017 in Complaint No. 981/2017 C, Lok Ayukta ordered thus:

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“23. In view of the above, we recommend to the competent authority concerned, the Addl. Chief Secretary, Department of

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W.P.(C) No. 1785/2018

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Home and Vigilance to ensure that the injustice and hardship shown to the complainant company on account of the illegal retention of the files pertaining to building permit No. C6/7830/11 issued by the Cheranalloor Panchayat in favour of the complainant company and seized by respondents in VC No. 13/2015 be stopped forthwith and the files be returned to the Panchayat. In other words, we recommend that the grievance of the complainant voiced through the present complaint be redressed at the earliest by issuing proper directions to R1 and R2.

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The result is that Complaint No. 1300 of 2014 is dismissed and Complaint No. 981 of 2017 is allowed to the extent mentioned in the forgoing paragraph. The interim order dated 24.08.2017 in I.A. No. 1442 of 2017 in Complaint No. 981 of 2017 is confirmed.”

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Contending that in spite of the above directions, respondents have failed to take any action pursuant to Exhibit P18, and seeking for a direction to the Additional Chief Secretary, Department of Home and Vigilance, third respondent, to give effect to and implement the directions of the Lok Ayukta, as contained in Exhibit P18 order, instant writ petition is filed.

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The case of the petitioner is as follows:

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The petitioner/complainant is a company incorporated under the Companies Act, 1956. It owns and operates the ‘Aster Medcity’, a multi specialty territory care hospital at Cheranalloor at Ernakulam District.

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W.P.(C) No. 1785/2018 : 5 :

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According to the petitioner, the hospital building and associated structures were completed after obtaining all statutory clearances and the necessary permissions/licences from the concerned authorities.

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The grievance of the petitioner/complainant is that the application for renewal of building permit and also the fresh application for building permit submitted were not considered by the Secretary of the Cheranalloor Grama Panchayat, stating that the files relating to the building permit was not returned by the Vigilance and Anti-corruption Bureau, who requisitioned the same in connection with complaints against the petitioner that the land in question is a ‘nilam’ and consequently questioning various permissions granted to it.

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Record of proceedings shows that a Vigilance Case in V.C. No. 13/15/CRE was registered under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, against the Chief Town Planner, Trivandrum and the Secretary, Cheranelloor Grama Panchayat by the Vigilance and Anti Corruption Bureau, Central Range, Ernakulam on 02.03.2015 and that after investigation, final report has been filed before the Court of Enquiry Commissioner and Special Judge (Vigilance) to drop further action.

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On 22.01.2018, while admitting the writ petition, this Court directed the Cheranalloor Grama Panchayat to dispose of the

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W.P.(C) No. 1785/2018

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application submitted by the petitioner for building permit/renewal of building permit, in the light of the certified copy issued by the second respondent.

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Pending disposal of the writ petition, various interim orders were passed. Relevant interim orders dated 13.03.2018 and 04.04.2018 are extracted hereunder:

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“The prayer in I.A. No. 4896 of 2018 is to direct the sole respondent in the application/the fourth respondent in the writ petition and any other authority concerned with the processing of the application submitted by the writ petitioner for building permit, to take note of the findings in Exts.P7 and P10 judgments of this Court that neither the provisions of the Kerala Land Utilization Order, 1967 nor the Conservation of Paddy Land and Wet Land Act, 2008 apply to the lands belonging to the appellant and its associate companies. The prayer in I.A.No. 4897 of 2018 is to accept Exts.P19, P20 and P21 produced along with the application into evidence in the writ petition.

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As none opposes I.A. No. 4897 of 2018, we allow the said application and receive Exts. P19, P20 and P21 into evidence in the writ petition. As regards I.A. No. 4896 of 2018, when the application was taken up for consideration, learned counsel appearing for the Cheranelloor Grama Panchayat submitted that the Panchayat has decided to withdraw Ext.P19, in view of the findings in Exts.P7 and P10 judgment and that the Panchayat will process the application for building permit without insisting on the production of approval from the State Level Monitoring Committee/appropriate sanction under the Kerala Land Utilization Order, 1967. Such being the situation, we

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W.P.(C) No. 1785/2018

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are of the opinion that no orders are called for at this stage. The proper course in our opinion will be to adjourn this application by two weeks so as to ascertain the progress made in the matter. We accordingly adjourn I.A.No. 4897 of 2018 to 27.03.2018.”

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“When this writ petition taken up for consideration today, learned Senior Government Pleader appearing for the State of Kerala submitted that copies of the plans submitted by the petitioner will be certified by the Assistant Engineer of the Local Self Government Department and forwarded to the Cheranalloor Grama Panchayat by Monday. The aforesaid submission is recorded.

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Call on 11.04.2018.”

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Today, when the matter is taken up for consideration, Mr. Tek

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Chand, the learned Senior Government Pleader, submitted that the report filed before court is under consideration and that when the case was posted on 23.08.2022, the complainant was absent and therefore, the matter is adjourned to 02.11.2022.

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The learned counsel for the petitioner submitted that Exhibit P13 application for renewal dated 09.01.2017 submitted by the petitioner before the Secretary of the Cheranelloor Grama Panchayat, respondent No.4, was allowed and Exhibit P14 application dated 08.02.2017 submitted for fresh building permit has also been granted.

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In as much as the final report has already been filed before the Enquiry Commissioner and Special Judge (Vigilance) for further action and is pending consideration and in view of the submission

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W.P.(C) No. 1785/2018

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made by the learned counsel for the petitioner that Exhibit P13 application for renewal and Exhibit P14 application for fresh building permit have already been granted, we are of the view that no further orders are required in this writ petition.

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Accordingly, this writ petition is disposed of recording the above aspects.

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S. MANIKUMAR, CHIEF JUSTICE.

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SHAJI P. CHALY, JUDGE.

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W.P.(C) No. 1785/2018

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APPENDIX OF WP(C) 1785/2018

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PETITIONER’S EXHIBITS:
EXHIBIT P1	TRUE COPY OF THE MINUTES OF THE SPECIAL COMMITTEE MEETING UNDER CLAUSE 4.13(IX) OF THE ZONING REGULATIONS FOR CENTRAL CITY KOCHI DATED 23.11.2010 CHAIRED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P2	TRUE COPY OF THE DEVELOPMENT PERMIT NO C-6- 7830/2010 DATED 11.5.2011 ISSUED BY THE CHERANELLOOR GRAMA PANCHAYATH.
EXHIBIT P3	TRUE COPY OF THE BUILDING PERMIT NO C6-7830/2010 (1) DATED 11.5.2011 ISSUED BY THE CHERANALLOOR GRAMA PANCHAYATH
EXHIBIT P4	TRUE COPY OF THE ORDER NO 10667/2010/D.DIS DATED 11.3.2011 ISSUED BY THE CHIEF TOWN PLANNER, TRIVANDRUM.
EXHIBIT P5	TRUE COPY OF THE REPORT PREPARED BY THE CENTRE FOR EARTH SCIENCE STUDIES (CESS) DATED ...5.2011 RECOMMENDING CRZ CLEARANCE FOR THE PROJECT.
EXHIBIT P6	TRUE COPY OF THE LETTER NO 1133/A2/10KCZMA/S&TD DATED 9.3.2012 ISSUED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, TRIVANDRUM
EXHIBIT P7	TRUE COPY OF THE JUDGMENT DATED 15.1.2015 PASSED BY THIS HON'BLE COURT IN WPC NO 19635/2013.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 11.5.2015 IN SLP (C) 8254/2015.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT DATED 3.8.2015 IN COC 651/2015.
EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 11.6.2015 IN WPC NO 12923/2015.
EXHIBIT P11	TRUE COPY OF THE JUDGMENT DATED 2.12.2015 IN WPC NO 35292/2011.
EXHIBIT P12	TRUE COPY OF THE ORDER DATED 2.3.2016 IN IA NO 827/2016 IN COMPLAINT NO 1300/2014 OF THE HON'BLE LOK AYUKTA.
EXHIBIT P13	TRUE COPY OF THE RECEIPT OF RENEWAL APPLICATION DATED 9.1.2017 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P14	TRUE COPY OF THE APPLICATION FOR NEW BUILDING PERMIT DATED 8.2.2017.
EXHIBIT P15	TRUE COPY OF THE LETTER NO C6/140/2017 DATED 5.6.2017.

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W.P.(C) No. 1785/2018

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EXHIBIT P16 TRUE COPY OF THE COMPLAINT NO 981/2017 FILED BY THE PETITIONER BEFORE THE HON'BLE LOK AYUKTA DATED 19.8.2017 (WITHOUT THE EXHIBITS). EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER DATED 24.8.2017 PASSED BY THE HON'BLE LOK AYUKTA IN IA NO 1442/2017 IN COMPLAINT NO 981/2017. EXHIBIT P18 TRUE COPY OF THE DETAILED COMMON JUDGMENT PASSED BY THE LOK AYUKTA DATED 7.12.2017 DISMISSING COMPLAINT NO 1300/2014 FILED BY MR.ANTONY REJOY AND ALLOWING COMPLAINT NO 981/2017 FILED BY THE PETITIONER. EXHIBIT P19 TRUE COPY OF THE LETTER NO.C4/745/2018 DATED 06.02.2018 ISSUED BY THE RESPONDENT PANCHAYAT (THE SOLE RESPONDENT IN THE ACCOMPANYING INTERLOCUTORY APPLICATION) EXHIBIT P20 TRUE COPY OF THE REPLY DATED 15.02.2018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT PANCHAYAT TOGETHER WITH THE ACKNOWLEDGMENT DATED 16.02.2018 ISSUED BY THE RESPONDENT PANCHAYAT. EXHIBIT P21 TRUE COPY OF THE CONSENT TO ESTABLISH BEARING CONSENT NO.PCB/HO/EKM-1/ICE/EXP/09/2017 DATED 27.12.2017.

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RESPONDENTS’ EXHIBITS:

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EXHIBIT R4(a): TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY DATED 16.03.2018. EXHIBIT R4(b): TRUE COPY OF THE REPLY DATED 19.03.2018 ISSUED BY THE ASSISTANT ENGINEER LSGD.

True Copy

PS to Judge.

W.P.(C) No. 1785/2018 : 11 :

M/S. Aster D M Healthcare Limited v. the Additional Director General of Police

Case brief

What is this about?

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M/S. Aster D M Healthcare Limited v. the Additional Director General of Police

Case brief

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What did the court decide?

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