Dr. Syed Faizel C vs State Of Kerala
2021 Latest Caselaw 21893 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
                              1943
                  WP(C) NO. 15287 OF 2021
PETITIONER/S:

          DR. SYED FAIZEL C, AGED 41 YEARS
          S/O. CHEMBAN ASSAN MOHAMMED, KIZHAKKE THOTTIYIL,
          PARAMBILPEEDIKA, MALAPPURAM-676 317
          BY ADVS.
          V.JOHN MANI
          S.JAYANT
          JACKSON JOHNY
          VARGHESE SABU
          SETHULAKSHMI K.K.
          GAYATHRI MENON


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY,
          DEPARTMENT OF HEALTH AND FAMILY WELFARE, ROOM
          NO.5603, 6THFLOOR, ANNEXE II, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001
    2     STATE HEALTH AGENCY KERALA (SHA),
          REPRESENTED BY ITS DIRECTOR, 5TH ADN 8TH FLOOR,
          ARTECH MEENAKSHI PLAZA, OPPOSITE GOVERNMENT
          WOMEN AND CHILDREN'S HOSPITAL TYCAUD,
          THIRUVANANTHAPURAM-695 014
    3     DISTRICT MEDICAL OFFICER,(HEALTH),
          DISTRICT MEDICAL OFFICE (HEALTH) , B3 -BLOCK,
          CIVIL STATION, MALAPPURAM
    4     STATION HOUSE OFFICER,
          NILAMBUR POLICE, MALAPPURAM DISTRICT-676 525
                                         -2-
W.P.(C). No. 15287 of 2021



      5          DR.NADER SHAH ADBURAHIMAN,
                 S/O. MOHAMMED ABDULLA RAHMAN, RESIDING AT NEST,
                 NEAR PEEVEES PUBLIC SCHOOL, CHAKKALAKUTH,
                 NILAMBUR-679 329
      6          RAFEEK.M.K.,
                 S/O. KUNJALI, PACIFIC APARTMENT, AKAMPADAM,
                 ERNAHIMANGAD (PO), NILAMBUR-679 329
      7          THE MANAGER,
                 SOUTH INDIAN BANK, NILAMBUR BRANCH, NILAMBUR
                 P.O., MALAPPURAM-679 329
      8          THE MANAGER,
                 CATHOLIC SYRIAN BANK, NEAR LITTLE FLOWER
                 SCHOOL, 2/640G, JANATHAPADIPADIKUNNU, NILAMBUR,
                 KERALA-679 329
      9          ANIL KUMAR,
                 GEETHALAYAM, ERNAHIMANGAD, NILAMBUR, AKAMPADAM,
                 MALAPPURAM
                 BY ADVS.
                 SHRI.M.AJAY, SC, STATE HEALTH AGENCY
                 ABRAHAM P.MEACHINKARA
                 SUNIL SHANKER
                 JOYCE PAUL
                 MARGARET MAUREEN DROSE
                 P.R.JAYAKRISHNAN
                 VIDYA GANGADHARAN
                 C.A.JOY



          THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    03.11.2021,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                            -3-
W.P.(C). No. 15287 of 2021



                              P.V.KUNHIKRISHNAN, J.
                              ==============================================================


                               W.P.(C) No.15287 of 2021
                    ===================================================================================


                 Dated this the 3rd day of November, 2021


                                               JUDGMENT

The above writ petition is filed with following prayers:

i. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd respondent to release the withheld amount for giving free treatment to COVID patients to the official account of BM hospital at South Indian bank, Nilambur Branch as Account No:0057073000001336.

ii. To issue a writ in the nature of mandamus or such other writ, order or direction direction the 2nd respondent not to release any amount in to the Catholic Syrian Bank Account bearing Account No. 040004316148195001 or to any account other than official account BM hospital at South Indian bank Nilambur Branch.

iii. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd

W.P.(C). No. 15287 of 2021

respondent to allow petitioner to access the hospital portal of BM Hospital registered to 2nd respondent.

iv. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd respondent to consider Exhibit P17 request within a time stipulated by this hon'ble Court after affording an opportunity of being heard.

v. To issue a writ in the nature of Certiorari or such other writ, order or direction to quash Exhibit P20.

vi. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 7th respondent to permit the petitioner to operate the official account of BM hospital at South Indian bank, Nilambur Branch as Account no.0057073000001336.

vii. To issue such other writ or pass such orders as this Hon'ble Court deems fit in the interest of justice. "

2. The learned counsel for the petitioner submitted

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that the entire dispute between the petitioner and the other

contesting respondents are settled in the light of Ext.R5(a) and

the amount can be disbursed to the account mentioned by the

parties.

3. On the other hand, the learned counsel appearing

for respondents 5 and 6 submitted that still there is dispute

about the disbursement of the amount to the account

mentioned by the petitioner.

In such circumstances, this Court is not in a position to

pass any orders to the authority concerned. The petitioner is

free to settle the matter with the contesting respondents and

approach the authority, and the authority will do the needful,

in accordance to law, if the settlement is reported before the

authority. Sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 15287 of 2021

APPENDIX OF WP(C) 15287/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PARTNERSHIP DEED DATED 02.05.2018 Exhibit P2 A TRUE COPY OF THE PARTNERS MEET MINTS DATED 23.01.2020 Exhibit P3 A TRUE COPY OF A CANCELLED CHEQUE LEAF OF BM HOSPITAL NILAMBUR AT SOUTH INDIAN BANK Exhibit P4 A TRUE COPY WHATAPP MESSAGE STATING THAT BM HOSPITAL WAS DECLARED AS A HOSPITAL PROVIDING COVID TREATMENT Exhibit P5 A TRUE COPY OF SCREENSHOT OF TRANSACTION IN MANAGEMENT PORTAL DATED 17.05.2021 Exhibit P6 A TRUE COPY OF THE EMAIL COMMUNICATION FROM PETITIONER TO THE MANAGER CSB DATED 22.05.2021 Exhibit P7 A TRUE COPY OF REPLY MAIL SUBMITTED BY MANAGER, CSB DATED 24.05.2021 Exhibit P8 A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY PETITIONER TO STATE HEATH AGENCY DATED 24.05.2021 Exhibit P9 A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 27.5.2021 Exhibit P10 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE CIRCLE INSPECTOR , NILAMBUR POLICE STATION DATED 21.05.2021 Exhibit P11 A TRUE COPY OF THE RECEIPT ISSUED BY NILAMBUR POLICE STATION OF EXHIBIT P10

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Exhibit P12 A TRUE COPY OF COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF, MALAPURAM DATED 16.06.2021 Exhibit P13 A TRUE COPY OF POSTAL RECEIPT DATED 16.06.2021 ISSUED TO EXHIBIT P12 COMPLAINT Exhibit P14 A TRUE COPY OF THE CMP NO.1786/2021 BEFORE JFCM COURT NILAMBUR Exhibit P15 A TRUE COPY OF THE FIR NO.240/2021 OF NILAMBUR POLICE STATION Exhibit P16 A TRUE COPY OF THE LICENSE ISSUED BY THE MUNICIPALITY TO PETITIONER DATED 22.06.2021 Exhibit P17 A TRUE COPY OF THE EMAIL COMMUNICATION BETWEEN 2ND RESPONDENT AND PETITIONER Exhibit P18 A TRUE COPY OF PMRSSM GUIDELINES OF CLAIM SETTLEMENT Exhibit P19 AN EXTRACT OF CLAIMS ADJUDICATION MANUAL ISSUED BY NATIONAL HEALTH AUTHORITY Exhibit P20 A TRUE COPY OF LETTER ISSUED BY 7TH RESPONDENT DATED 01.07.2021 RESPONDENT'S EXHIBITS EXHIBIT R5(A) TRUE COPYOF THE DEED OF PARTNERSHIP EXECUTED ON 23.10.2017 BETWEEN (I) DR.NADAR SHAH ABDULRAHIMAN; (II) DR.RAFEEK M K; (III) DR.NADUKANDI RANDUPURAYIL MOHAMMEDALI; AND (IV) DR. SYED FAZIL C.

EXHIHT R5(B) TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRMS BEARING No.4515/2017 DATED 17.11.2017 ISSUED BY THE REGISTRAR OF FIRM, THIRUVANANTHAPURAM

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EXHIBIT R5(C) TRUE COPY OF THE PARTNERS MEET DATED 23.01.2020 EXHIBIT R5(D) TRUE COPY OF THE PROCEEDINGS OF THE BM HOSPITAL, NILAMBUR PARTNERS MEET DATED 20.2.2021 EXHIBIT R5(E) TRUE COPY FOT HE RESOLUTION OF THE BM HOSPITAL, NILAMBUR.

EXHIBIT R5(F) TRUE COPY OF THE RESOLUTION DATED 28.2.2021 OF BM HOSPITAL, NILAMBUR EXHIBIT R5(G) TRUE COPY OF THE ACCOUNTSTATEMENT OF THE ACCOUNT NUMBER 0100043161195001 IN THE CATHOLIC SYRIAN BANK, NILAMBUR BRANCH FOR THE PERIOD 6.5.2021 TO 1.6.2021 ISSUED ON 4.6.2021 EXHIBIT R5(H) TRUE COPY OF THE RESOLUTION DATED 11.08.2021 OF THE BM HOSPITAL EXHIBIT R5(I) TRUE COPY OF THE RESOLUTION DATED 11.8.2021 OF THE BM HOSPITAL IS PRODUCED TO GIVE REQUEST TO THE 2ND RESPONDENT TO UPDATE THE CURRENT BANK ACCOUNT.

EXHIBIT R5(J) TRUE COPY OF THE COMMUNICATION SEND BY PETITIONER 'FOR THE PURPOSE OF ACCOUNT UPDATION AT PMJAY'.