IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 17991 OF 2021 PETITIONER/S: VINEESH K.M., AGED 41 YEARS, S/O.VASU NAIR, MANAKKAD, NEAR KSHB COLONY, MEDICAL COLLEGE P.O., KOZHIKODE-673008.

BY ADVS.

SRINATH GIRISH P.JERIL BABU RESPONDENT/S:

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE PRINCIPAL GOVT. MEDICAL COLLEGE, KOZHIKODE, MEDICAL COLLEGE P.O., KOZHIKODE-673008.

3 THE SUPERINTENDENT, GOVT. MEDICAL COLLEGE, KOZHIKODE, MEDICAL COLLEGE P.O., KOZHIKODE-673008.

4 THE KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, BEACH ROAD, KOZHIKODE-673001.

5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CIVIL STATION, KOZHIKODE-673020.

SRI.V.TEK CHAND, SR.GOVERNMENT PLEADER FOR R1-R3 ADV.SRI.V.KRISHNAMENON, FOR R4 BY ADV BINDUMOL JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T Dated this the 6^th day of September, 2021 S. Manikumar, CJ Petitioner has sought for the following reliefs:

A. Issue a Writ of Certiorari or any other appropriate writ, direction or order commanding the respondents herein to cease construction of the compound wall around the campus of the Government Medical College Campus, Kozhikode, before construction of a Ring Road with a uniform width of 12 Metres for the passage of patients and travelers arriving from the eastern side of Kozhikode District and the residents of the locality;

B. Issue a Writ of Certiorari or any other appropriate writ, direction or order directing the respondents to refrain from blocking the present Pipeline Road near the Chemical Examination Laboratory by the construction of the compound wall around the campus of the Government Medical College, Kozhikode;

C. Issue a Writ of Mandamus or any other appropriate writ, direction or order directing the respondents to provide a gate for access on the eastern side of the compound wall being constructed around the campus of the Government Medical College, Kozhikode and another one to the Olympian Rahman Stadium.

2. Short facts leading to filing of writ petition are as follows:

This public interest litigation is filed by a resident in the vicinity of the Government Medical College, Kozhikode. According to him, a compound wall is being constructed around the campus of the said college. Though it was envisaged that a Ring Road with a uniform width of 12 M would be constructed to facilitate easy access of the residents of the locality and vehicular traffic to the facilities of the college, construction of the wall has begun without construction of the promised road. Access to the campus is being blocked, with the sole entry proposed being the Main Entrance of the college. The said access is already congested with vehicular traffic and making it the sole mode of entry and exit will cause untold suffering to the patients, travelers and general public.

3. An existing road on the eastern side of the campus, which is a convenient means of access for the patients and travelers from the east of the District to the college is proposed to be blocked. The said road is being diverted to a portion where there is a steep slope with sharp twists and turns.

4. The gate of the Olympian Rahman Stadium in the campus, which was constructed for the National Games in 2018 using Central and State funds, has already been blocked with a wall running right across it. In the event of any future sports event, there will be congestion, at the Main Entrance.

5. No access has been provided for even the employees of the college to enter or exit, except for the Main Entrance. Even in cases of medical emergency, where time and distance are of the utmost importance, the only option is to access the facilities of the college only through that rou