High Court of KeralaWP(C)/18800/2011disposed of

Jose.M.P v. Kuttampuzha Grama Panchayat

2015-09-09Honourable Mrs. Justice Anu Sivaraman4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 18800 of 2011 (Y) ----------------------------------------- PETITIONER(S):

-------------------------- JOSE.M.P, MATTATHIL, SATHARAPADI, KUTTAMPUZHA PO, 686 691.

BY ADVS.SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S):

----------------------------

1. KUTTAMPUZHA GRAMA PANCHAYATH.

REP.BY ITS SECRETARY, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691.

2. THE SECRETARY,KUTTAMPUZHA GRAMA PANCHAYATH, KUTTAMPUZHA, KOTHAMANGALAM ERNAKULAM DISTRICT-686 691.

3. K.K.PRAKASH, KARUNA MEDICAL CENTRE, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691. R1 & R2 BY ADVS. SRI.PEEYUS A.KOTTAM SRI.JEFF JOSEPH R3 BY ADV. SRI.K.V.VIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG

WP(C).No. 18800 of 2011 (Y) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

TRUE COPY OF THE REQUEST SUBMITTED BY SRI SIJO VARGHESE TO THE 2ND RESPONDENT AND THE REPLY GIVEN TO THE SAME.

EXT.P2:

A TRUE COPY OF THE COMPLAINT DATED 28.6.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// \ P.A TO JUDGE

ANU SIVARAMAN, J.

------------------------------------------------- W.P.(C).No.18800 of 2011 -------------------------------------------------- Dated this the 9th day of September, 2015

J U D G M E N T

This writ petition is filed by a resident of the 1st respondent Panchayath, stating to be aggrieved by the functioning of a hospital in the Panchayath without obtaining licence from the 1st respondent. It is stated that the 3rd respondent who claims to be a licensed practitioner in the Sidha branch of medicine has been conducting a medical store as well as a medical centre in the Kuttampuzha Grama Panchayath without obtaining any licence. In reply to Exhibit P1 request made under the Right to Information Act, the 1st respondent Panchayath had replied that licence for conducting medical store had not been issued as on 28.5.2011. The petitioner had also preferred Exhibit P2 representation before the 1st respondent pointing out that the 3rd respondent had not taken out necessary licence for the conduct of this medical centre and medical store. Though notice was issued from this Court in the writ petition which was duly served on the respondents also, the respondents have not chosen to appear and to contest the matter. Under such circumstances, this writ petition is

WPC.No.18800/11 disposed of, directing the 1st respondent to consider and pass appropriate orders on Exhibit P2 representation within a period of two months from the date of receipt of a copy of this judgment. Sd/- (ANU SIVARAMAN, JUDGE) //TRUE COPY// P.A TO JUDGE DG