Kerala High Court
The Principal , Kannur Medical College vs Aleena Davis on 4 April, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
Friday, the 4th day of April 2025 / 14th Chaithra, 1947
WA NO. 1989 OF 2022
AGAINST JUDGMENT DATED 14.11.2022 IN WP(C) 4717/2022 OF THIS COURT
APPELLANT/PETITIONER::
THE PRINCIPAL, KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O., KANNUR -
670612.
BY ADV.ABDUL RAOOF PALLIPATH
RESPONDENTS/RESPONDENTS:
1. ALEENA DAVIS,D/O DAVIS.C.A.,AGED 24 YEARS, CHALISSERY BHAVAN, NEAR
ST.THOMAS CHURCH, P.O KODUVAYOOR, PALAKKAD - 678501
2. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN
KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN
ROAD,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. REPRESENTED BY THE
CHAIRMAN.
BY ADV.S.KARTHIKA FOR R1
STANDING COUNSEL FOR R2
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to Exhibit-P15 order passed by
the 2nd respondent, pending disposal of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 04/04/2025 upon perusing the appeal memorandum, and this court's
order dated 27/03/2025, the court on the same day passed the following:
EXHIBIT R1(F): TRUE COPY OF THE EMAIL DATED 06/10/2017 SENT BY THIS
RESPONDENT'S FATHER TO 2ND RESPONDENT.
AMIT RAWAL & K.V. JAYAKUMAR, JJ.
---------------------------------------------------
WA Nos.69, 60, 587 of 2023, WPC. Nos.29282/2023,
40442/2024, and WA Nos. 1175, 1734, 1925, 1989 of 2022
WPC.Nos. 4514, 4518, 5158 of 2022
----------------------------------------------------
Dated this the 4th day of April, 2025
ORDER
Amit Rawal, J.
Present writ appeals and connected writ petitions
have a checkered history. For the academic year 2016-17,
Medical College, the appellant in the intra-court appeal,
had admitted 150 students for MBBS course and had
taken certain amount of fees. The students alleged that,
over and above the tuition fee and hostel charges, had
also paid additional amount. There was a dispute with
regard to the regularization of the admissions, subject to
the orders of the Admission Supervisory Committee. The
Government had regularized the aforementioned
admission by issuing an Ordinance which, ultimately
before the Supreme Court, was struck out.
WA.69/23 & con. cases
2
2. After striking down the Ordinance, a dispute with
regard to refund of the fees arose and the matter reached
the Supreme Court. Three orders have been passed by
the Supreme Court, ie., on 29.08.2018, 04.10.2018 and
18.02.2021. The discussion of the Supreme Court would
be taken note of, at the time of the hearing of the writ
appeals, for, there had been a dispute with regard to the
payment of the amount as a capitation fee.
3. In one of the orders of the Supreme Court dated
04.10.2018, there was a discussion about the report of the
Admission Supervisory Committee dated 01.09.2018, and
ultimately in the judgment dated 18.02.2021, it was made
clear that the Admission Supervisory Committee is to deal
with the disputes raised by the students as well as the
objections, if any, to be filed by the college for arriving at
just and equitable decisions. The Admission Supervisory
Committee, vide order dated 14.06.2022, ordered the
WA.69/23 & con. cases
3
college to refund the tuition fee + capitation fees
multiplied by two (2), which was under challenge in
various writ petitions. The bunch containing twelve cases
were tried together but when taking the lead case as
18471 of 2022, the stand of the college/petitioner was
that there had been an out of court settlement. Despite
that, the writ petitions have been dismissed vide
judgment dated 13.07.2022. The college has not
challenged the aforementioned order owing to the out of
court settlement, except one writ appeal bearing
No.1175/2022. The remaining writ petitions have been
dismissed by a Single Bench vide different orders in the
following manner:
“The learned counsel on both sides are ad idem that
the conclusions, holdings and declarations of this Court in
the judgment in W.P.(C)No.18471/2022 and connected
cases would cover the facts of this case also.
2.However, Sri.Abdul Raoof Pallipath, learned
counsel for the petitioner, pointed out that his client has,
in this case, taken an adscititious contention that
computation of amounts by the Admission Supervisory &
Fee Regulatory Committee (AFRC) was not proper or
WA.69/23 & con. cases4
accurate; and thus prayed that such be set aside in this
judgment.
3. I am afraid that the above submission is not
correct since, going by the afore said judgment, this Court
has already held that the actions of the AFRC are
irreproachable.
Obviously, therefore, nothing remains in this writ
petition; and hence, on the same lines as the
aforementioned judgment, I dismiss this writ petition.”
4. In the meantime, revenue recovery proceedings
were initiated against the college for non-payment of the
amount to the students, which has been assailed before
this Court vide writ petition Nos. 4518/2022, 5158/2022
and 29282 of 2023 and in one of these cases, there is an
interim stay.
5. Another writ petition No.40442/2024 has been
filed by the college/trust with the following prayer:
” (i) To issue a writ of mandamus or other appropriate
order or direction to direct the 3rd respondent to take
immediate decision petitioner’s claims for compensation
as evidenced by Exts.P11.
(ii) To declare that petitioner is entitled to be adequately
compensated for the loss and damage caused due to the
taking over of the Medical Dental and Engineering
Colleges, Hospital and the hostels.
(iii) This Hon’ble Court may be pleased to direct the
registry to dispense with the filing of translation of
vernacular documents.
WA.69/23 & con. cases
5
(iv) To grant such other reliefs as are just and proper in the
nature of this case.
6. The aforementioned prayer is based upon the plea
that the entire college, for a period 24.03.2020 to 30.11.2020,
was taken over by the Government, under the Disaster
Management Act,2005, for providing medical aid and
assistance to the Covid-19 Pandemic. Though there has been
some dispute with regard to, over a period of time handing
over some portion and retaining the same, but, the college
left with no other option submitted a claim of 146 Crores.
Having failed to address the aforementioned claim, the writ
petition bearing No. 40442/2024 has been filed.
7. The State has filed a reply by way of counter and
placed on record one document Ext.R1(f) dated 31.07.2023.
The translation copy of the aforementioned document reads
as under:
DCKNR/8964/2020-DM2
WA.69/23 & con. cases6
DO271523/2023 DistrictCollectorate,
Kannur Dated 31-07-2023
E-mail:[email protected]
Phone: 0497-2700645
Ref No. DCKNR/8964/2020-DM2From
District Collector,
Kannur.
To
Land Revenue Commissioner,
Thiruvananthapuram.
Sir,
Subject: Regarding-Disaster Management- COVID Compensation
Claim-Submission of Report on Kannur Medical College.
Reference: 1. Land Revenue Commissioner’s Orders dated
10.06.2023 and 29.07.2023, letter U/Vide No. LR/2811/2023-LR(H1).
2. The proceedings of this office bearing the same reference number
dated 02.06.2023.
3. The letter No. 5475/23 dated 31.07.2023, issued by the District
Medical Officer.
4. The letter bearing the same reference number dated 12.04.2023,
issued from this office.
In compliance with the orders of the Hon’ble Kerala High Court in W.P(C)
No. 15894 & 19307/2020, and with due regard to the aforementioned
references, during the COVID-19 period, the District Disaster Management
Authority had taken over Anjarakandi Medical College as D.D.T.C. For the
purpose of granting the eligible compensation to the said institution, the
submission of a detailed report was directed as per Reference (1).
As per the directions, for the purpose of determining the compensation
for the period during which the hospital was taken over during the COVID-19
pandemic, a committee was constituted by this office comprising 1) District
Medical Officer (Health), Kannur-Chairperson of the Committee 2) Tahsildar,
Kannur. 3) Executive Engineer (Buildings), PWD, Kannur. 4) Secretary,
Anjarakandi Grama Panchayat and the committee was instructed to urgently
WA.69/23 & con. cases
7
submit a report on the matter. Based on this directive, the said committee has
submitted its report to this office through the District Medical Officer, as per
Reference (3). According to the said report, a total amount of Rs.
11,90,32,310/-is determined as the eligible compensation for Anjarakandi
Medical College, which was taken over as a District COVID Treatment Centre.
As per Reference (3), the report submitted by the District Medical Officer along
with all relevant documents pertaining to the takeover of Anjarakandi Medical
College is hereby enclosed and submitted for further necessary action.
Yours faithfully
S/d.
DEPUTY COLLECTOR (DM)
Signed by:
Sruthi K V
Date: 31-07-2023 17:23:01
This is to certify that the above said translation done by me from Malayalam
language to English which are true and correct and signed hereunder.
Ernakulam
..03.2025″
8. We asked Adv.Vipindas, learned Senior Government
Pleader, the status of the aforementioned report of the District
Collector to the Land Revenue Commissioner,
Thiruvananthapuram. On instruction, informed that the Land
Revenue Commissioner has also submitted the matter to the
Government and the matter is pending before the Court.
9. It is wholly indiscernible/unable to fathom the
government is sitting on the matter, despite the fact there has
WA.69/23 & con. cases
8
been prima facie assessment of damages to the tune of
Rs.11,90,32,310/- to be paid to the Anjarakandi Medical
College on the premise of taking over as a District Covid
Treatment Centre. The aforementioned report is based upon
the constitution of the Committee consisting of the District
Medical Officer (Health), Kannur being Chairperson of the
Committee; Tahsildar, Kannur; Executive engineer (Buidings),
PWD, Kannur and the Secretary Anjarakandi Grama
Panchayat. Though there is a reference that the committee
was instructed to urgently submit a report, there has been no
ponderance or decision. We thus direct the learned Senior
Government Pleader to file an affidavit in the shape of an
undertaking to this Court that despite expiry of more than one
and half year why the payment has not been transmitted to
the account of the college for using the premises during the
Covid -19 Pandemic. In case such affidavit is not filed, we will
be constrained to call upon the Secretary to Government,
Revenue Department with the explanation.
WA.69/23 & con. cases
9
Post on 08.04.2025. Copy of the order is directed to be
handed over to the respective counsel.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
K.V. JAYAKUMAR, JUDGE
msp
04-04-2025 /True Copy/ Assistant Registrar
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