1. Heard Mr. Biju Meenattoor, learned Senior Government Pleader.

2. It is noted that this writ petition was filed inter alia seeking a direction to the Government to establish and operationalise a Government Medical College in Wayanad District. Petitioner submits that earlier administrative sanction had been issued in the said respect by the competent authorities.

3. Pursuant to the direction of this Court, a counter affidavit has been filed by the 7th respondent on behalf of the 12th respondent, i.e. the District Emergency Operation Centre, District Disaster Management Authority, Wayanad. In the said counter affidavit it is submitted that the decision to establish a Government Medical College in Wayanad District was taken as early as in the year 2012. Pursuant thereto, M/s Chandraprabha Charitable Trust, Kalpetta, relinquished an extent of 50 acres of land situated in Kottathara Village, Vythiri Taluk, subject to mutually agreed conditions. The Government approved the proposal, took over the land and handed over possession to the Health Department, and Infrastructure Kerala Limited was appointed as the nodal agency for the construction works. The said land measuring 50 acres in Re-survey Nos. 229, 224 and 228 of Kottathara Village was transferred to the Health Department on 11th February 2016 and initial works including construction of approach road were commenced.

4. It is further submitted that during the years 2018 and 2019, Wayanad District was severely affected by natural disasters including floods and landslides, resulting in large-scale damage to land and structures. In this background, concerns were raised regarding the suitability of the said land for construction of a major medical institution. Consequently, the Geological Survey of India was entrusted with conducting preliminary geo-technical investigations. After inspection, the Geological Survey of India reported that the site appeared to be stable under the prevailing geo environmental conditions, while recommending that detailed studies be undertaken at subsequent stages to avoid future risks. The said report was submitted on 31st August 2018. Subsequently, as per communication dated 12th February 2019 from the Ministry of Health and Family Welfare, directions were issued to identify alternative locations in Vythiri Taluk, and a detailed report in that regard was submitted to the Government on 15th June 2023.

5. It is also submitted that the Chandraprabha Charitable Trust thereafter sought return of the relinquished land and approached this Court by filing W.P.(C) No.1480 of 2020. As per judgment dated 20th January 2020, the Chief Secretary was directed to consider the request after hearing the Trust. During the hearing conducted on 13th January 2021, the Trust sought immediate return of the land. Upon examination, it was found that the land formed part of ceiling proceedings under the Kerala Land Reforms Act and that the Purchase Certificate issued by the Land Tribunal in respect of the larger extent including the said 50 acres was prima facie contrary to statutory provisions. Accordingly, as per Government Order dated 17th February 2021, the request for return of land was kept in abeyance, subject to the outcome of the appeal to be filed before the Appellate Authority, Kannur.

6. That apart it is submitted that the health-care challenges faced by residents of Wayanad District are well recognized by the Government, particularly in view of the hilly terrain, remoteness and recurring natural calamities. It is precisely to address these challenges and to strengthen tertiary health-care and medical education facilities that the Government has taken sustained steps to establish a Government Medical College. The petitioner has failed to appreciate that such a large public project necessarily involves multiple statutory compliances, environmental considerations, land availability issues and pending litigations, which directly impact the pace and manner of implementation.

7. It is further submitted that several alternative proposals were examined by the Government, including acquisition of land in Chundale Village and the proposal to take over DM WIMS Medical College, which was later abandoned for valid administrative reasons. Thereafter, as per Government Order dated 12th Feburary 2021, Mananthavady District Hospital was temporarily converted into a Medical College Hospital to commence academic activities. However, the available land at Mananthavady is only 8.74 acres, which is insufficient for a full-fledged Medical College as per National Medical Commission norms.

8. It is contended that in order to ensure compliance with statutory requirements, the Government identified 65 acres of land at Glen Leven Estate, Boys Town, Mananthavady Taluk as per Government Order dated 14th March 2022. The ownership of the said land is presently under dispute and the matter is pending consideration before the Hon’ble Supreme Court in SLP(C) Nos.99-100 of 2023. In view of the minimum land requirements prescribed by the National Medical Commission and the need for future expansion, it was further identified that 28 acres of land classified as vested forest in Mananthavady Village would be suitable. Joint inspections were conducted with the Forest Department and detailed reports along with sketches were submitted to the competent authorities. Proposals for compensatory land were also examined and are presently under consideration of the Government.

9. In view of the abovesaid facts as disclosed in the counter affidavit, we find that attention of the Government is sufficiently engaged in the matter of establishing and operationalising a Government Medical College in Wayanad. Government being seized of the matter and as it is evidently pursing it with earnestness, we do not find any reason to admit this Public Interest Litigation.

10. Accordingly, the petition is disposed of.