Kerala High Court
S.Ramachandran Nair vs The Union Of India on 11 January, 2021
W.P(C).No.28879/2020-H 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.28879 OF 2020(H)
PETITIONERS:
1 S.RAMACHANDRAN NAIR,
AGED 58 YEARS, S/O SANKARANARAYANAN NAIR, SREEKANTA
VILASOM, NVAIKULAM P.O, THIRUVANANTHAPURAM-695 603.
2 ABHIJITH J.P, AGED 32 YEARS
S/O JAYAPRAKASH G, RESIDING AT `SREEMAYAM', PUMP
ENGINE ROAD, OLAVAKKODE P.O.PALAKKAD-678 002.
BY ADVS.
SRI.MANU GOVIND
SHRI.AYESHA MARIA JOHN
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, DEPARTMENT OF ATOMIC ENERGY, ANUSHAKTI
BHAVAN, CHHATRAPATI SHIVAJI MAHARAJ MARG,
MUMBAI 400 001.
2 THE ATOMIC ENERGY REGULATORY BOARD (AERB),
REPRESENTED BY ITS SECRETARY, NIYAMAK BHAVAN,
ANUSHAKTI NAGAR, MUMBAI-400094.
3 THE STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 THE HEALTH AND FAMILY WELFARE (S) DEPARTMENT,
REPRESENTED BY SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5 THE DIRECTORATE OF RADIATION SAFETY (DRS),
REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695 001.
R1-2 BY SRI.KRISHNADAS P.NAIR, CGC
ASGI SRI P.VIJAYAKUMAR
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.28879/2020-H 2
P.V.ASHA, J.
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W.P(c) No.28879 of 2020-H
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Dated this the 11th day of January, 2021
JUDGMENT
The petitioners are aggrieved by the winding up of the
Directorate of Radiation Safety as per Ext.P4 order issued
on 09.06.2020. According to the petitioners, the reasons
stated in Ext.P4 are not correct and there will not be any
regulatory body in case the Directorate is wound up.
2. The learned Government Pleader submits that the
decision whether the Directorate is to be continued or not
is within the purview of the Government and not for the
petitioner to dictate.
3. Since both the petitioners are in the field of
radiography, they are free to submit representations before
the 4th respondent. In case such a representation is
received, the 4th respondent shall pass appropriate ordes
after considering the same, within a period of two months
of its receipt.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF GO(MS) NO 32/96/H&FWD DATED
24.1.1996 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF ORDER NO
CH/AERB/DRS.DEL/99/751 DATED 4.3.1999.
EXHIBIT P3 A TRUE COPY COMMUNICATION DATED 10.9.2014
BY AERB.
EXHIBIT P4 A TRUE COPY OF GO (MS) 88/2020/H&FWD DATED
9.6.2020.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
27.10.2020 FROM THE FIRST PETITIONER TO THE
THIRD RESPONDENT.
EXHIBIT P6 A TRUE COPY GO (MS) 54/97/H&FWD DATED
28.2.1997.
EXHIBIT P7 A TRUE COPY OF GO (MS) NO.36/2008/H&FWD
DATED 7.2.2008.
EXHIBIT P8 A TRUE COPY OF GO (RT) NO.1749/2012/H&FWD
DATED 26.5.2012.
EXHIBIT P9 A TRUE COPY OF GO (RT) NO.2987/2012/H&FWD
DATED 14.9.2012.
EXHIBIT P10 A TRUE COPY OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE AERB AND THE HEALTH AND FAMILY
WELFARE DEPARTMENT.
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED
9.12.2020 BY THE FIRST PETITIONER TO THE
THIRD RESPONDENT.
