Kerala High Court
Parents Coordination Of Medical ... vs State Of Kerala on 5 August, 2021
WP(C) No.14563/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Thursday, the 5th day of August 2021 / 14th Sravana, 1943
WP(C) NO. 14563 OF 2021
PETITIONERS:
1. PARENTS COORDINATION OF MEDICAL STUDENTS (PCOMS), REG. NO.
KKD/CA/29/2021, A1, AMRITHA BUILDINGS, S.K., TEMPLE ROAD,
KOZHIKODE-673001, REPRESENTED BY ITS SECRETARY, ANIL K.S., AGED 53
YEARS, S/O. K.K. SOMASEKHARAN, PARIJATHAM, AMBY VALLEY, KALLAYAM
P.O., THIRUVANANTHAPURAM.
AND OTHERS
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM-695001.
AND OTHERS
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 5 to 19 not to levy the fee for the 5th
year, 4th year and 3rd year for the 2017-18, 2018-19, and 2019-20 batches
respectively as demanded in Ext.P3 to P3(b) and similar notifications,
pending disposal of the above Writ Petition (C).
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 23.07.2021 and upon hearing the arguments of
M/S.V.M.KRISHNAKUMAR, P.R.REENA, P.S.SIDHARTHAN & MAYA M., Advocates for
the petitioners, GOVENMENT PLEADER for R1, SRI.R.T.PRADEEP, Advocate for
R2 & R3, SRI.P.SREEKUMAR, STANDING COUNSEL for R4, SRI.S.SREEKUMAR (SENIOR
ADVOCATE) along with SRI.ARUN VARGHESE, Advocates for R8 & R9, SMT.VAHIDHA
BABU, Advocate for R13, SRI.DANDAPANI (SENIOR ADVOCATE) along with
SRI.MILLU DANDAPANI, Advocates for R17, SRI.AMAL DAS, Advocate for R18,
SRI.TONY GEORGE, Advocate for R20, SMT.NURIYA, Advocate for R5, R11 &
R19, SRI.MURUGAN, Advocate for R7, SRI.GEORGE JACOB, Advocate for
R15, SRI.VINOD BHAT, Advocate for R12 and of SRI.GEORGE POONTHOTTAM
(SENIOR ADVOCATE) along with SMT.NISHA GEORGE for R10, the court passed
the following:
WP(C) No.14563/2021 2/4
A.K.JAYASANKARAN NAMBIAR & GOPINATH P., JJ.
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W.P(C). No.14563 of 2021
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Dated this the 5th day of August, 2021
ORDER
A.K.Jayasankaran Nambiar, J.
After hearing the rival counsel on the issue of
maintainability of the writ petition at the instance of the 1 st petitioner,
which is stated to be a society registered under the Travancore-Cochin
Literary, Scientific and Charitable Societies Registration Act, 1955, we
are of the prima facie view that the 1 st petitioner being a registered
society is entitled to maintain a writ petition on behalf of its members so
long as there is a commonality in the interests of the members that is
pursued in the writ petition. While taking this prima facie view, we have
perused the decisions of this Court in Kannitta Oil Mills Workers
Union v. Industrial Tribunal (1987 KHC 208), Sreekumaran v.
Kadakavoor O.A.Devaswom (1989 KHC 84), Kerala Electric
Trades Association, Kochi and others v. State of Kerala and
another (2010 (1) KHC 248), Prem Kumar P.N. and others v. Sree
Narayanan Bhaktha Paripalana Yogam, Thrissur and others (2018
WP(C) No.14563/2021 3/4
W.P(C). No.14563 of 2021
KHC 117) and Meeran Maluk Mohammed S. (Prof.) and others v.
Muslim Association, Tvm and others (2018 KHC 886) and the
judgment dated 16.07.2015 of the learned single Judge in W.P.
(C) No.31264 of 2014.
2. On an over all consideration of the matter, we feel that it
would be necessary for the 1 st petitioner society to produce a copy of
its registered by-laws so that we can appreciate the objects which it
proposes to pursue and in connection with which it has obtained the
registration under the statute aforementioned. It would also be
necessary for the 1st petitioner to produce an approved list of those
members whose interests are sought to be espoused by it through the
present writ petition. This exercise would be required for the purpose
of identifying those members whose interests are affected, as also for
the purpose of identifying the respondents who would be required to
respond to the averments in the writ petition. The 1 st petitioner should
also produce a copy of the resolution/authorization whereby it has
authorized its Secretary to prefer the writ petition on its behalf. Shri
Renjtih Thampan, the learned senior counsel appearing for the 1 st
petitioner, undertakes to place on record the said documents by
Monday (09.08.2021).
WP(C) No.14563/2021 4/4
W.P(C). No.14563 of 2021
List this matter at 1.45 p.m. on Tuesday (10.08.2021) for
consideration of the arguments for modification of the interim order
passed by this Court on 23.07.2021. The said interim order shall,
however, continue till the next date of posting (10.08.2021)
A.K.JAYASANKARAN NAMBIAR
JUDGE
GOPINATH P.
JUDGE
cks
05-08-2021 /True Copy/ Assistant Registrar
