Citation : 2024 Latest Caselaw 30446 Ker
Judgement Date : 25 October, 2024
WP(C) No.37703/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
WP(C) NO. 37703 OF 2024(K)
PETITIONER:
DR. C D LEENA AGED 61 YEARS DAUGHTER OF A. CHITRANGADHAN, RESIDING
AT DAKSHALAYAM, T C 31/1028(5), PETTAH PO, THIRUVANANTHAPURAM, PIN -
695024
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE STATE POLICE CHIEF THIRUVANANTHAPURAM, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
3. THE STATION HOUSE OFFICER MANJESWAR POLICE STATION, KASARGODE , PIN
- 671323
4. THE COUNCIL OF INDIAN SYSTEMS OF MEDICINE REPRESENTED BY ITS
REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM, PIN - 695035
5. SRI. C.M JAMALUDHIN AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, RESIDING AT KALARIKKAL HOUSE, KUNNATHERI,
THAYIKKATTUKARA, ALUVA, ERNAKULAM, PIN - 683106
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 3 and 4 to initiate appropriate action
to see that the 5th respondent does not conduct a medical camp, as
declared on 30.10.2024 challenging the Rule of Law.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.REKHA VASUDEVAN, SOYA D.C, MAHESH C.R., ELIZABETH V.JOSEPH, ASWATHY
ANILKUMAR, ANN MARY ANSEL Advocates for the petitioner, GOVERNMENT PLEADER
for the respondents 1 to 3 and of SRI.MANU GOVIND, Advocate for the 4th
respondent the court passed the following:
WP(C) No.37703/2024 2/4
HARISANKAR V. MENON, J.
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W.P.(C) No.37703 of 2024
------------------------------
Dated this the 25th day of October, 2024
ORDER
Smt.Rekha Vasudevan, the learned counsel for the
petitioner, points out with reference to Ext.P1 judgment and the
directions contained therein, that the 4th respondent herein has
already taken a decision dated 26.08.2022, produced as Ext.P2,
to the effect that the 5th respondent herein shall not carry on
any activity by styling himself as a medical practitioner.
2. She points out that, even on the face of Ext.P2, the
5th respondent is intending to carry out a medical camp on
30.10.2024.
3. Sri.Manu Govind, the learned counsel for the 4th
respondent, points out to a communication dated 25.10.2024
addressed to the 3rd respondent, alerting them about the
proposed medical camp as above and requesting their
intervention in the matter.
4. Issue notice by special messenger to the 5th
respondent. Sri.Manu Govind takes notice for the 4th
respondent. The learned Government Pleader takes notice for
respondents 1 to 3.
5. The learned Government Pleader to get instructions
from the 3rd respondent with respect to the further steps carried
out pursuant to the application dated 25.10.2024, filed by the
4th respondent before the 3rd respondent.
Post on 29.10.2024.
Sd/-
HARISANKAR V. MENON JUDGE anm
25-10-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 37703/2024 Exhibit P1 TRUE COPY OF JUDGMENT DATED 23.06.2022 IN WPC 16514 OF 2022 OF THIS HONOURABLE COURT Exhibit P2 TRUE COPY OF THE RESOLUTION NO. D/12626/2022/MC/ISM DATED 26.08.2022 OF THE 4TH RESPONDENT
25-10-2024 /True Copy/ Assistant Registrar
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