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High Court of KeralaWA/155/2015dismissed

Koyil Hospital v. Pallikunnu Grama Panchayat

2015-01-23Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WA.No. 155 of 2015 () IN WP(C).35403/2014 ------------------------------------------- WP(C) 35403/2014 of HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

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1. KOYIL HOSPITAL NH-17, KANNUR 670 004 REPRESENTED BY ITS MANAGING PARTNER, KOYIL BHASKARAN

2. KOYIL BHASKARAN, AGED 79 YEARS S/O.K.P CHANDU, MANAGING PARTNER, KOYIL HOSPITAL NH-17, KANNUR 670 004 BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENTS/RESPONDENTS:

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1. PALLIKUNNU GRAMA PANCHAYAT PALLIKUNNU P.O KANNUR 670 004 REPRESENTED BY ITS SECRETARY

2. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KAKKAD ROAD, 1ST FLOOR GALAXY COMPLEX KANNUR 670 002 REPRESENTED BY ITS ENVIRONMENTAL ENGINEER

3. PALLIKUNNU VILLAGE PANCHAYAT COMMITTEE PALLIKUNNUU P.O, 670 004 REP BY ITS PRESIDENT

4. KOYIL HOSPITAL MALINYA VIRDUHA JANAKEEYA SAMARASAMITHI, REP BY ITS SECRETARY VINOD M ,S/O.M PURUSHOTHAMAN, MUNDIYUATH, NEAR TALAP HOUSING COLONY, PALLIKUNNU,, KANNUR 670 004,

WA.No. 155 of 2015 - 2 -

5. R.G GOPI,S/O. K GOPALAKRISHNAN, MAYOOKHA HOUSE, PALLIKUNNU P.O, BEHIND KOYILI HOSPITAL,KANNUR-670 004. R1 & 3 BY SMT.M.MEENA JOHN R BY SRI.P.B.SAHASRANAMAN R BY SRI.P.G.SURESH R2 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BO THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-01-2015, ALONG WITH W.A. No.156/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sou.

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.

----------------------------------------------------------------------- W.A. No. 155 of 2015 and W.A. No. 156 of 2015 ----------------------------------------------------------------------- Dated this the 23rd day of January, 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ These two writ appeals have been filed by the petitioners, who is the appellant, where prayer has been made to continue the status-quo granted as per the order of the learned Single Judge dated 8.1.2015 till the disposal of the writ petition.

2. Learned counsel for the appellant submits that the matter was taken on 22.1.2015 and now it is posted on 29.1.2015 for consideration. He submits that no orders have been passed extending the status quo. He submits that in view of the order of the District Collector dated 17.1.2015, now the hospital is under the threat of closure.

3. We have perused the order of the Collector. The direction issued by the Collector is, not to admit any further inpatients. There is no direction for closure of the hospital. Therefore the apprehension of the appellant/petitioner is

WA Nos.155/15 & 156/15 misconceived. However, in view of the fact that the matter has already been posted before the learned Single Judge on 29.1.2015, we see no reason to entertain these appeals. With the above observation, both the writ appeals are dismissed.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE.

sou.

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