P.Devaki v. Hospital Development Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No.17214 of 2014 (B) --------------------------------------- PETITIONER:

------------------- P.DEVAKI,KARINKALLAI HOUSE, RAMANATTUKARA,KOZHIKODE.

BY ADV SRI.T.G.RAJENDRAN RESPONDENT'S:

------------------------- 1.

THE HOSPITAL DEVELOPMENT AUTHORITY, MEDICAL COLLEGE HOSPITAL,KOZHIKODE-673001.

2.

SUPERINTENDENT AND SECRETARY, HOSPITAL DEVELOPMENT AUTHORITY, MEDICAL COLLEGE HOSPITAL,KOZHIKODE-673001.

3.

THE PRINCIPAL,MEDICAL COLLEGE HOSPITAL, KOZHIKODE-673001.

4.

SECRETARY,KOZHIKODE CORPORATION, KOZHIKODE-673001.

5.

SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673001.

R1 TO R3 & R5 BY GOVT. PLEADER SRI.BIJU MEENATTOOR. R4 BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17214 of 2014 (B) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ P1:

TRUE COPY OF THE ORDER ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT DATED 26.7.2006.

P2:

TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF THE HOSPITAL DEVELOPMENT SOCIETY, MEDICAL COLLEGE DATED 27.11.2006.

P3:

TRUE COPY OF THE ORDER IN WPC 3199/2013 OF THIS HON'BLE COURT DATED 5TH OCTOBER 2013.

P4:

TRUE COPY OF THE NOTICE ISSUED BY THE KOZHIKODE MUNICIPAL CORPORATION DATED 17.3.2014.

P5:

TRUE COPY OF THE LETTER SENT BY THE HOSPITAL DEVELOPMENT SOCIETY TO THE PETITIONER DATED 27.3.2014.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.17214 of 2014 - B ====================== Dated this the 25th day of June, 2015

J U D G M E N T

The petitioner had submitted before this Court that the petitioner had been issued with a trade licence earlier. This Court by an order dated 07.08.2014 directed production of the same. Nothing is produced till date. The Corporation also submits that they have not received any application from the petitioner.

2. In such circumstance, petitioner shall make proper application before the authority. No writ will issue in the matter of issuance of licences which is definitely within the authority of the body, who owns the premises and within the authority of the Local Self Government Institution, which issues such licences. Hence, nothing survives in the writ petition and the writ petition would stand closed, leaving open such remedies. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.