V.N.PUBLIC HEALTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking to command respondents 2 and 3 - Panchayat authorities to forward the application preferred by the petitioner for obtaining No Objection Certificate to 4 th respondent - DMO and to direct the 4 th respondent to consider the application for NOC forwarded by the 2 nd respondent within a time frame to be fixed by this Court and for other incidental reliefs.

(2.) The petitioner submits that the petitioner is a Trust formed with the intention of establishing a Medical College in the name and style of 'Palakkad Institute of Medical Science' at Walayar. The petitioner filed an application dated 02.08.2017 to the 2nd respondent for renewal of registration granted to the hospital. The petitioner was thereupon required to submit consent to operate from Pollution Control Board, NOC from DMO, Sanitary Fitness Certificate from Health Department, Fire and Rescue Certificate from District Fire Office, Building Tax Receipt and Waste Disposal Agreement with approved agency. To avail the said documents, requests were to be forwarded through the 2nd respondent - Panchayat. Though the petitioner had remitted tax arrears to the Panchayat amounting to ?17,82,970/-, there is still dispute regarding the amount due to the Panchayat towards tax arrears. The action of the Panchayat in not forwarding the documents to the appropriate authorities will cause undue hardship and damage to the petitioner, it is contended.

(3.) The additional 10th respondent, who got impleaded in the writ petition, has filed an affidavit alleging that there are serious disputes about the status of the petitioner and his authority to file the writ petition on behalf of the petitioner Trust. According to the additional 10 th respondent, Mr.V.Anil Kumar who has filed the writ petition on behalf of the petitioner Trust, is not the Managing Trustee of the Institution and he has filed the writ petition concocting documents. The additional 10th respondent seriously objected to the right of the said V.Anil Kumar to file the writ petition.