Jaffar O.K vs The Superintendent, General ...
2021 Latest Caselaw 14135 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                    WP(C) NO. 13326 OF 2021
PETITIONER:

        JAFFAR O.K
        AGED 41 YEARS
        S/O.MAMMALI, (LICENSEE,MILMA BOOTH)
        RESIDING AT OTHAYOTHUM KANDY HOUSE,
        POST MANANTHERI - 670 643
        KUTHUPARAMBA,KANNUR DIST.KERALA
        BY ADVS.
        T.ASAFALI
        LALIZA.T.Y.



RESPONDENTS:

       1 THE SUPERINTENDENT
         GENERAL HOSPITAL, KOTTAYAM-686001

       2 STATE OF KERALA REP.BY SECRETARY TO GOVT.
         DEPT. OF HEALTH, GOVT. OF KERALA,
         SECRETARIATE, THIRUVANANTHAPURAM - 605036

            BY ADV.SMT.B.VINITHA, GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   07.07.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                  W.P.(C) No.13326 of 2021
             -------------------------------------------
                        JUDGMENT

Petitioner was permitted to run a Milma Booth in

the premises of the General Hospital, Kottayam for a period

of one year, from 08.03.2019 to 07.03.2020. In terms of

Ext.P4, the permission was renewed for a further period of

one year, from 08.03.2020 to 07.03.2021. It is stated by the

petitioner that on account of the lock down and other

restrictions imposed in the State to contain the pandemic,

Covid-19, the petitioner could not run the Milma Booth for a

period of one year. It is alleged by the petitioner that he

could run the Milma booth only for 317 days as on

05.07.2021. It is the case of the petitioner that he has made

investments for the purpose of establishing the Milma booth

and if he is not permitted to run the Milma Booth for the

entire term, he will be put to irreparable injury and loss. It is

stated by the petitioner that on 03.06.2021, a fresh

invitation was made for running the Milma booth within the

premises of the General Hospital, Kottayam as per Ext.P9

notice. The petitioner, in the circumstances, preferred

Exts.P8 and P10 representations before the first respondent

seeking enlargement of time in tune with the case set out

by the petitioner in the writ petition. It is alleged by the

petitioner that the said the representations are not being

considered. The petitioner, therefore, seeks appropriate

directions in the regard in the writ petition.

2. Heard the learned counsel for the petitioner

as also the learned Government Pleader.

3. Having regard to the peculiar facts of the

case, I deem it appropriate to dispose of the writ petition

directing the first respondent to consider and pass orders on

Exts.P8 and P10 representations, before finalization of the

proceedings initiated as per Ext.P9 notice, after affording the

petitioner an opportunity of hearing. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR JUDGE PV

APPENDIX OF WP(C) 13326/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT VIDE ORDER NO.D2-

4995/16/GH.K.DT.15-1-2016

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 10TH OCTOBER 2018 VIDE NO.C-

14720/2018 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO.D2-

4955/2016/GH, KOTTAYAM DT.7-3-2019

Exhibit P4 TRUE COPY OF THE ORDER VIDE NO.D2-

1890/2020 G.H.KTYM. DT.2-3-2020 ISSUED BY THE 1ST RESPONDENT EXTENDING THE PERIOD OF LICENCE.

Exhibit P5 TRUE COPY APPLICATION DATED 27.04.2020 MADE BY THE PETITIONER SEEKING PERMISSION TO CLOSE DOWN THE MILMA BOOTH DUE TO COVID-19

Exhibit P6 TRUE COPY OF THE LETTER DATED 24-06-

2020 SENT TO THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE ORDER VIDE NO.D2-

1890/2020 G.H.KTYM DATED 30TH SEPT.2020.

Exhibit P8 TRUE COPY OF THE LETTER DATED 5-2-

2021 GIVEN TO TEH 1ST RESPONDENT BY THE PETITIONER

Exhibit P9 TRUE COPY OF THE TENDER NOTICE DATED 3-6-2021

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 30TH JUNE 2021 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.