Dr.Sudesh M.S. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31514 of 2015 (L) ---------------------------- PETITIONER:

------------------- DR.SUDESH M.S., SANDHYA DEEP, PALACUAD, ADICHANALLOOR P.O, KOLLAM, KERALA.

BY ADV. SRI.S.S.RAJESH RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. INDIAN SYSTEM OF MEDICINE, REPRESENTED B ITS SECRETARY, MINISTRY OF AYUSH, AYUSH BHAVAN, B BLOCK GPO COMPLEX, INA NEW DELHI - 110023.

3. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM - 695 001.

4. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI - 110 001.

5. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001.

6. DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM - 695 001.

7. DISTRICT POLICE CHIEF, KOLLAM - 691 001.

8. DISTRICT MEDICAL OFFICER, KOLLAM- 691 001. R1, R5 TO R8 BY GOVERNMENT PLEADER R2 & R4 BY SRI.N.NAGARESH, A S G OF INDIA R3 BY SRI.N.RAGHURAJ, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31514 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:- A COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DTD 6/6/1996.

P2:- A COPY OF THE REGISTRATION CERTIFICATE UNDER THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT DTD 3/5/1996. P3:- TRUE COPY OF THE ABSTRACT G O NO 1244/88/BHAM DTD 9/5/1988. P4:- TRUE COPY OF THE CITATION OF SREEDHRAN V KERALA STATE. P5:-TRUE COPY OF THE JUDGMENT DTD 16/7/2012 IN WPC NO 38215 OF 2008. P6:- TRUE COPY OF THE LIST OF EXEMPTION GRANTED BY THE KERALA STATE GOVERNMENT.

P7:- TRUE COPY OF THE JUDGMENT ISSUED BY THE HON'BLE HIGH COURT OF MADRAS DTD 11/2/2011.

P8:- A TRUE COPY OF THE JUDGMENT ISSUED BY THE HON'BLE SUPREME COURT OF INDIA DTD 28 AUGUST 1989.

P9:- TRUE COPY OF THE HON'BLE KERALA HIGH COURT JUDGEMENT WPC NO 1661/2015.

P10:- TRUE COPY OF THE SUCH REPRESENTATION TO THE GOVERNMENT DTD 10/2/2013.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 31514 of 2015 ------------------------------------------- Dated this the 15th October, 2015

JUDGMENT

The petitioner has approached the first respondent by Exhibit P10 seeking exemption under Section 38 of the Travancore-Cochin Medical Practitioners Act. It is seen that Exhibit P10 is dated 10.2.2013.

In the above facts and circumstances, this Court is of the view that if Exhibit P10 has not been disposed of so far, appropriate decision shall be taken on Exhibit P10 within three months from the date of receipt of a copy of this judgment, after issuing notice to the petitioner. The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs15/10/15