Kerala High Court
Union Of India vs Nandini K on 5 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Tuesday, the 5th day of November 2024 / 14th Karthika, 1946
WA NO. 696 OF 2024
AGAINST JUDGMENT DATED 19.12.2022 IN WP(C) 24058/2022 OF THIS COURT
APPELLANT(S)/RESPONDENT NO.1:
UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND
FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001
BY ADV. K.ARJUN VENUGOPAL
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2 TO 6:
1. NANDINI K, AGED 54 YEARS WIFE OF A M MOHAN KUMAR, 'ASHIRWAD',
VELLINEZHI, PALAKKAD, PIN - 679504
2. A.M. MOHAN KUMAR, AGED 57 YEAR,S SON OF O SANKARAN NAIR,
'ASHIRWAD', VELLINEZHI, PALAKKAD, PIN - 679504
3. THE DIRECTOR, MEDICAL COUNCIL OF INDIA, POCKET - 14, SECTOR 8,
DWARAKA PHASE - I, NEW DELHI (ADDRESS OF R2 IS CORRECTED AS THE
CHAIRMAN, NATIONAL MEDICAL COMMISSION,POCKET-14, SECTOR 8, DWARAKA
PHASE-I, NEW DELHI-110 077 AS PER THE ORDER DATED 29-07-2022 IN IA
NO.1/2022 IN WP(C) NO.24058/2022.), PIN - 110077
4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
5. THE DIRECTOR KERALA STATE MEDICAL COUNCIL, COMBINED COUNCIL
BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM
( ADDRESS OF R4 IS CORRECTED AS THE REGISTRAR, KERALA STATE MEDICAL
COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS
ROAD, NEAR GENERAL HOSPITAL, THIRUVANANANTHAPURAM-695 035. AS PER
THE ORDER DATED 29-07-2022 IN IA NO.1/2022 IN WP(C) NO.24058/2022.
), PIN - 695035
6. THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT
MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM,
KERALA, PIN - 682011
7. THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD,
PEZHAKKAPPALLY PO, MUVATTUPUZHA ., PIN - 686673
BY ADV AKASH S FOR R1 & R2
SRI K.S.PRENJITH KUMAR, STANDING COUNSEL FOR R3.
SENIOR GOVERNMENT PLEADER FOR R4 & R6
STANDING COUNSEL FOR R5
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay Judgment dated 19.12.2022 in W.P.(C)No. 24058 of 2022 to the
extent of the directions issued therein, pending disposal of the above
Writ Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 05.11.2024, upon perusing the appeal memorandum and this Court's
Order dated 06.08.2024, the court on the same day passed the following:
:1:
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.A.Nos.768, 971, 866, 574, 575, 689, 696, 701, 827
and
1358 of 2024.
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Dated this the 5th day of November, 2024
ORDER
Anil K. Narendran, J.
Admit.
2. On 11.09.2024, when this matter came up for
consideration before another Division Bench, the delay of 260
days was condoned by the order in C.M.Appln.No.1 of 2024.
3. The learned Central Government Counsel would point
out the interim order granted by this Court dated 06.08.2024 in
connected matters, i.e., W.A.No.574 of 2024 and connected
matters, and the order of the Apex Court dated 14.10.2024 in
S.L.P.(C)No.23452 of 2024, arising out of the interim order in
W.A.No.768 of 2024.
4. Adv. Girish Kumar.M.S., would submit that notice may
be issued to respondents 1 and 2-writ petitioners.
5. The learned Government Pleader takes notice for
respondents 3 and 4. Issue notice to respondents 1, 2 and 5 by
speed post, returnable within two weeks.
6. In view of the interim order dated 06.08.2024 in
W.A.No.574 of 2024 and connected matters, there will be an
interim stay as prayed for in this writ appeal as well.
W.A.Nos.768, 866, 574, 575, 689, 696,
701, 827, 1358 and 971 of 2024.
7. The learned counsel for the party respondent in
W.A.No.768 of 2024 and also the Central Government Counsel
would point out the order of the Apex Court dated 14.10.2024 in
S.L.P.(C)No.23452 of 2024, arising out of the order of this Court
dated 06.08.2024 in W.A.No.768 of 2024.
8. The learned Central Government Counsel would
submit that the writ appeals are yet to be filed against similar
judgments and that process is going on.
Post on 25.11.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
RPR
05-11-2024 /True Copy/ Assistant Registrar
