Kerala High Court
Krishna Nursing Home vs Union Of India on 20 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 14018 OF 2017
PETITIONER:
KRISHNA NURSING HOME
CHITTOOR ROAD, ERNAKULAM, REPRESENTED BY ITS
MANAGING PARTNER, DR.A.K.SABHAPATHY-682011.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ENVIRONMENT
AND FORESTS, PARYAVARAN BHAVAN, NEW DELHI-110003.
2 CENTRAL POLLUTION CONTROL BOARD
PARIVESH BHAVAN, EAST ARJUN NAGAR, DELHI-110032,
REPRESENTED BY ITS CHAIRMAN.
3 ADDL.R3: KERALA STATE POLLUTION CONTROL BOARD
PLAMOODU JUNCTION, PATTOM PALACE,
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SRI.M.AJAY - R2
SRI.T.C.KRISHNA, SR.PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.14018 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 14018 of 2017
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Dated this the 20th day of June, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i) Call for the records leading to the issuance of
Ext P-9 and P-10 and peruse the same;
(ii) Declare that Ext. P10 order is to be made
applicable to all hospitals and not confined to maternity
hospitals alone;
(iii) Issue a Writ of mandamus, directing the 2 nd
respondent to pass appropriate orders on Ext P-12 without
delay and within such time that may be prescribed by this
honorable court;
(iv) Issue such other Writ order or direction that
this Hon'ble Court may deem fit in the facts and
circumstances of the case;
(v) Award cost of this Petition."[SIC]
2. When this writ petition came up for
consideration on 29.05.2024, the counsel appearing for the
petitioner seeks time to get instruction. Today also the
counsel seeks time to get instruction. The main prayer in
this writ petition is to consider Ext.P12. If Ext.P12 is
received by the 2nd respondent and is pending as on today,
there can be a direction to consider the same within a time
frame.
Therefore, this writ petition is disposed of in the
following manner:
1. If Ext.P12 is received and pending before the 2 nd
respondent, the 2nd respondent will consider the
same and pass appropriate orders in it, as
expeditiously as possible, at any rate, within a
period of three months from the date of receipt of a
copy of this judgment.
2. All other contentions raised by the petitioner in this
writ petition are left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 14018/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 19-10-
2011 IN WPC NO.35951 OF 2007.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 28-
01-2012 MADE BEFORE THE 2ND RESPONDENT BY
PETITIONER.
EXHIBIT P3 TRUE COPY OF LETTER NO.B-
31011(BMW)/30/93/HWMD/10829 DATED 10-02-
2012 FROM THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER NO.B-
31011(BMW)/30/93/HWMD/10458 DATED 10-02-
2012 FROM THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER DATED 26-08-2013.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 02-01-2014.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 29-01-2015.
EXHIBIT P8 TRUE COPY OF THE PERFORMANCE EVALUATION
REPORT PREPARED BY THE OFFICE OF THE 2ND
RESPONDENT ALONG WITH THE LETTER F.NO.B-
31011(BMW)/30/93/2015/HWMD/10860 DATED
17-02-2015.
EXHIBIT P9 TRUE COPY OF LETTER
PCB/HO/EEI/BMW/GEN/03/07 DATED 09-12-2015
TO THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF APPROVAL ORDER F.NO.B-
31011/BMW(3)(6)(III)/2016/HWMD/20602
DATED 07-03-2016 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 06-06-2016
BY PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 08-11-
2016 TO THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 27-02-
2017 TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
