High Court of KeralaWP(C)/12312/2015disposed of

Chandrabose M.B v. District Collector

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12312 of 2015 (L) ---------------------------- PETITIONER(S):

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1. CHANDRABOSE M.B, AGED 63 YEARS, S/O.BHASKARAN, MAROTH VEEDU, LPR CENTRE, KORATTY EAST.P.O., PIN-680 308.

2. C.K.DAVIS, AGED 63 YEARS, CHAKKALAKKAL HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

3. K.C.BASHEER,AGED 62 YEARS, CHEMBUKADU HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

4. VELUKUTTY,AGED 64 YEARS, CHARUVIL HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

5. SMT.A.BHAGYAM, AGED 61 YEARS, PARAPURAM HOUSE, PR COLONY, KORATTY EAST.P.O., THRISSUR.

6. VELLAYYAN,AGED 69 YEARS, PARAPPURATH HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

7. BALAN NAIR, AGED 75 YEARS, KAIPPANCHERY HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

8. VISWAMBHARAN, AGED 73 YEARS,PEEDIYEKKAL HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

9. BHASKARAN,AGED 63 YEARS, CHARUVILA PUTHANVEEDU, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

10. V.T.SAROJINI,AGED 62 YEARS, VETTIKKAL HOUSE, LPR COLONY, KORATTY EAST.P.O., THRISSUR.

BY SRI.RENJITH THAMPAN,SENIOR ADVOCATE ADV.SMT.P.R.REENA RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 2/-

-2WP(C).NO.12312/2015

2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR, PIN-680 003

3. THE DISTRICT MEDICAL OFFICER, DEPARTMENT OF HEALTH, THRISSUR,PIN-680 004

4. THE SUPERINTENDENT, GANDHIGRAM GOVERNMENT DERMATOLOGY HOSPITAL, KORATTY EAST.P.O., THRISSUR, PIN-680 308 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO.12312/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE GOVERNMENT ORDER DATED 23/08/1984 OF HEALTH DEPARTMENT.

P2 COPY OF THE IDENTITY CARD FOR PERSON WITH DISABILITIES ISSUED TO THE 1ST PETITIONER.

P3 COPY OF THE DISABILITY CERTIFICATE OF THE 2ND PETITIONER DATED 25/11/2010.

P4 COPY OF THE IDENTITY CARD ISSUED BY THE GOVERNMENT OF KERALA TO 6TH PETITIONER VELLAYYAN.

P4(A) COPY OF THE DISABILITY CERTIFICATE ISSUED TO 6TH PETITIONER VELLAYYAN DATED 25/11/2010 P5 COPY OF THE IDENTITY CARD ISSUED BY THE GOVERNMENT TO THE 8TH PETITIONER.

P6 COPY OF THE COMPLAINT FILED BY PETITIONERS BEFORE THE SUPERINTENDENT DATED 26/11/2014.

P7 COPY OF THE NOTICE DATED 16/3/2015 ISSUED BY THE SUPERINTENDENT P8 COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 02/04/2015.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 12312 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of April, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers :

"(i) Call for records leading to Ext. P7 and issue a writ in the nature of certiorari quashing Ext. P7.

(ii) Issue a writ in the nature of mandamus commanding the 1st respondent to consider and pass orders on Ext. P8 representation filed by the petitioners within such time as may be fixed by this Hon'ble Court.

(iii) Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

(iv) Award cost of this proceedings to the petitioners"

2. The learned counsel for the petitioners submits that the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Ext. P8 representation preferred by the petitioners within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the matter on merits. The

W.P.(C) No. 12312 of 2015 : 2 :

Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P8 representation preferred by the petitioners, in accordance with law, after giving an opportunity of hearing to the petitioners and other interested parties, if any, at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd