Ramesh Kumar vs State Of Kerala
2023 Latest Caselaw 13255 Ker

Citation : 2023 Latest Caselaw 13255 Ker
Judgement Date : 15 December, 2023

Kerala High Court

Ramesh Kumar vs State Of Kerala on 15 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                      WP(C) NO. 42180 OF 2023
PETITIONER:
             RAMESH KUMAR
             AGED 50 YEARS, S/O VASU,
             ITTIKONATHU VEEDU, THURUVICKAL P.O,
             CHERUVAKKAL, THIRUVANANTHAPURAM - 695011
             BY ADVS.
             SAJU J PANICKER
             KURIAN K JOSE

RESPONDENTS:
     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
     2       THE DISTRICT COLLECTOR
             CIVIL STATION BUILDING, CIVIL STATION ROAD,
             THIRUVANANTHAPURAM, KERALA, PIN - 695043
     3       THE CHAIRMAN
             HOSPITAL DEVELOPMENT COMMITTEE,
             GOVERNMENT MEDICAL COLLEGE P.O,
             THIRUVANANTHAPURAM, PIN - 695011
     4       THE CIRCLE INSPECTOR OF POLICE
             MEDICAL COLLEGE POLICE STATION,
             MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM,
             PIN - 695011
     5       THE SUPERINTENDENT
             MEDICAL COLLEGE HOSPITAL,
             MEDICAL COLLEGE P.O,
             THIRUVANANTHAPURAM, PIN - 695011
     6       THE PRINCIPAL
             MEDICAL COLLEGE HOSPITAL,
             MEDICAL COLLEGE P.O,
             THIRUVANANTHAPURAM, PIN - 695011
             BY ADV.
             SRI.SUNIL KUMAR KURIAKOSE-GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 42180 of 2023
                                :2:




                            JUDGMENT

The petitioner says that he is involved in public service,

particularly providing free ambulance rides to patients of the

Medical College Hospital, Thiruvananthapuram. He says that,

even though he and his organization are willing to operate

ambulances free of cost, the 5th respondent - Superintendent of

the Medical College Hospital, has recently introduced a prepaid

ambulance service, which can be availed of by patients only on

paying a minimum amount of Rs.500/-. He says that this is

unfortunate because, when he and his team are willing to offer

such service for free, burdening the patients with fee for the

same is unfortunate and illegal. He says that he has, therefore,

preferred Ext.P3 before the 1 st respondent - State of Kerala; and

seeks that its competent Authority be directed to take it up and

dispose of the same, within a time frame to be fixed by this

Court.

2. In response to the afore submissions of Sri.Saju

J.Panicker - learned counsel for the petitioner, the learned

Government Pleader - Sri.Sunil Kumar Kuriakose, submitted

that the Authority to consider Ext.P3 is not the State of Kerala,

but the 3rd respondent - Chairman of the Hospital Development

Committee, or the Committee itself. He submitted that,

therefore, if this Court is so inclined, he will not stand in the

way of allowing the petitioner to move the said Committee with

an appropriate application, so that it can be then considered by

the said Authority in terms of law.

3. I must say that there is some force in the afore

submissions of the learned Government Pleader, because the

State of Kerala cannot intervene in such matters, where the

Hospital Development Committee holds competence. Obviously,

therefore, the petitioner will have to move the competent

Authority of the said Committee appropriately, so that a final

decision can be taken by them in terms of law.

4. That being said, though the Superintendent of the

Medical College Hospital may have allowed a prepaid

ambulance service, it does not mean that the Hospital

Development Committee cannot allow the petitioner, if he is

able to prove his credentials properly, to operate it for free,

since it would be beneficial to the patients also.

In the afore circumstances, I allow this writ petition,

without acceding to the request of the petitioner as made

herein; but leaving him liberty to move the competent Authority

of the Hospital Development Committee with an appropriate

application. If this is done within a period of two weeks from

the date of receipt of a copy of this judgment, said Authority will

hear him and take a decision on his request, as expeditiously as

is possible, but not later than one month from the date on which

he makes such application.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 42180/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TOKEN ISSUED FROM THE PRE-PAID COUNTER OF THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM DATED 24/10/23 Exhibit P2 THE TRUE COPY OF APPLICATION SUBMITTED FOR REGISTRATION Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT DATED NILL Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED NIL

RESPONDENTS' EXHIBITS : NIL.