STATE GOVERNMENT OF TAMILNADU Vs. PADANILAM WELFARE TRUST

JUDGEMENT

(1.) THE above appeal is filed as against the order in W. P. No. 20458 of 2004 dated 11. 9. 2004, quashing the order dated 17. 6. 2004 of the first respondent/first appellant herein and consequently directing the respondents/appellants herein to issue essentiality certificate.

(2.) THE petitioner in the writ petition, a public Charitable Trust, has applied on 3. 10. 2001 for the grant of essentiality certificate for running a Medical College at Kulasekharam, Kanyakumari District with an annual intake of 100 students. According to the petitioner, one of its object is to promote education, which is already running College of Nursing, College of Physiotherapy and an institute of Dental Sciences. According to the petitioner, they are running 350 bedded hospital from February 1986 and they have spent huge amount for establishing the college. Under the said circumstances, an application dated 3. 10. 2001 was submitted by the petitioner seeking grant of essentiality certificate for the establishment of a Medical College.

(3.) IN pursuance of the said application, an inspection was conducted on 10. 10. 2002 by the Committee constituted for the said purpose. Even though the inspection was conducted, no order was passed resulting in the petitioner filing a writ petition in W. P. No. 12283 of 2003 wherein an order was passed on 28. 4. 2003, directing the respondents to pass orders within a period of four weeks. As no order was passed nearly for a period six months, contempt application No. 1073 of 2003 was filed wherein notice was ordered. Once again an inspection was conducted for a second time on 12. 1. 2004 and the Government has passed order in G. O. Ms. No. 84 Health and Family Welfare (MCA2) Department dated 3. 2. 2004 rejecting the applications submitted by the petitioner. Aggrieved against the said order of rejection, the petitioner has filed writ petition in W. P. No. 7587 of 2004. During the pendency of the said writ petition, an interim direction was passed on 6. 4. 2004, directing the respondents to conduct another inspection. Accordingly, on 22. 4. 2004 a third inspection was conducted and a report was submitted on 30. 4. 2004 to the effect that there were no deficiencies. Subsequently, another interim direction was passed on 30. 4. 2004 in the above writ petition, directing the respondents to consider the inspection report dated 30. 4. 2004 and pass orders. In the light of the said interim direction, by G. O. Ms. No. 554 Health and Family Welfare (MCA2) Department dated 17. 6. 2004, the petitioner's case was again rejected. Aggrieved against the said order of rejection, the petitioner has filed W. P. No. 20458 of 2004 which was allowed on 11. 9. 2004, against which the present appeal is filed.