Kerala High Court
Dr.C.A.Mathew vs State Of Kerala on 3 November, 2021
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. 20551 OF 2010
PETITIONER:
DR.C.A.MATHEW,
CHEMMERIKAL HOUSE, MAIN ROAD, SHORNUR.
BY ADVS.
SRI.K.PRAVEEN KUMAR
SRI.S.RAJESH KADAVANTHRA
RESPONDENTS:
1 STATE OF KERALA, REPRESENED BY THE SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT,,
SECRETARIAT,THIRUVANANTHAPURAM-695001
2 THE DIRECTOR, DIRECTORATE OF RADIATION
SAFETY, GOVERNMENT OF KERALA,TRICHUR,, PIN 680005.
3 SRI.P.J.JOSEPH, DIRECTOR
DIRECTORATE OF RADIATION SAFETY,, GOVERNMENT OF
KERALA, TRICHUR-680020
4 THE ATOMIC ENERGY REGULATORY BOARD
REP.BY ITS CHAIRMAN, NIYAMAK BHAVAN, ANUSAKTHI
NAGAR,MUMBAI 400 094.
BY ADV ASSISTANT SOLICITOR GENERAL
SMT.RASHMI K.M., SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20551/2010
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20551 of 2010
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Dated this the 03rd day of November, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus to the 2 nd (3rd )
respondents not to harass the petitioner.
ii. To declare that the 2 nd Respondent cannot
interfere with the practice of the Petitioner as he
has complied with all the requirements to use
their mobile X-ray unit evidenced by Ext Pl.
iii. Writ of mandamus or any appropriate writ order
or direction, directing the 1st Respondent to take
appropriate action against the 3 rd Respondent for
exceeding his powers and unnecessarily harassing
the Petitioner.
iv. Writ of mandamus or any appropriate writ order
or direction, directing the 1st Respondent to
consider and pass orders on Ext.P16 as
expeditiously as possible.
v. To declare that the registration is required for
only once in the case of X-ray unit after its
installation.
vi. To grant such other reliefs prayed for from time
to time including cost of these proceedings.
W.P.(C).No.20551/2010
2. Today, when this writ petition came up for
consideration, the counsel for the petitioner submitted that
after filing the writ petition, there is no problem to the
petitioner and if there is any surviving grievance or any fresh
cause of action, the petitioner may be allowed to approach this
Court again.
Therefore, this writ petition is disposed of in the light of
the above submission, with liberty to the petitioner to
approach this Court if there is any fresh cause of action.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.20551/2010
APPENDIX OF WP(C) 20551/2010
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE CERTIFICATE ISSUED BY THE
2ND RESPONDENT DATED 21.11.2001
Exhibit P2 COPY OF THE LATEST CERTIFICATE ISSUED
TO THE PETITIONER DATED 12.1.2006
Exhibit P3 COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDNET TO THE PETITIONER DATED
1.7.2008
Exhibit P4 COPY OF THE RELEVANT PORTION OF AERB
SAFETY CODE OF MEDICAL DIAGNOSTIC X-
RAY EQUIPMENTS AND INSTALLATIONS
Exhibit P5 COPY OF THE LETTER SENT BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
7.7.2008
Exhibit P6 COPY OF THE DD SENT BY THE PETITIONER
DATED 4.7.2008
Exhibit P7 COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 7.7.2008
Exhibit P8 COPY OF THE TECHNICAL SPECIFICATION OF
X-RAY MACHINE
Exhibit P9 COPY OF THE RADIOGRAPHERS CERTIFICATE
OF THE PETITIONER
Exhibit P10 COPY OF THE PERSONAL MONITORING BADGES
OF THE PETITIONER
Exhibit P11 COPY OF THE RECEIPT DATED 4.7.2008
Exhibit P12 COPY OF THE MINUTES OF THE MEETING ON
10.7.2008
Exhibit P13 COPY OF THE REPRESENTATION SENT BY THE
PETITIONER ON 3.7.2009 TO THE 2ND
RESPONDENT
Exhibit P14 COPY OF THE COMMUNICATION SENT BY THE
2ND RESPONDENT DATED 18.2.2010
Exhibit P15 COPY OF THE DD
Exhibit P16 COPY OF THE REPRESENTATION SENT BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
12.06.2010
