Kerala High Court
The Union Of India vs Gracy Benny on 5 September, 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 P.G. AJITHKUMAR
Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
WA NO. 866 OF 2024
AGAINST JUDGMENT DATED 19.12.2022 IN WP(C) 26563/2022 OF THIS COURT
APPELLANT(S)/1ST RESPONDENT:
THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001
BY SHRI.T.C.KRISHNA, SCGC
RESPONDENT(S)/PETITIONERS/RESPONDENTS 2 TO 6:
1. GRACY BENNY, W/O BENNY MATHAI, PALLITHAZHATHU PULINTHANAM,
ENANALLOOR, KOTHAMANGALAM, ERNAKULAM-686 671, PIN - 686671
2. BENNY MATHAI, S/O MATHAI, PALLITHAZHATHU, PULINTHANAM, ENANALLOOR,
KOTHAMANGALAM, ERNAKULAM, PIN - 686671
3. THE CHAIRMAN, NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR 8,
DWARAKA PHASE-I, NEW DELHI, PIN - 110077
4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
5. THE REGISTRAR, KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE,
COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695035
6. THE DISTRICT REPRODUCTIVE AND 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
GOVERNMENT PLEADER FOR R4
ADV.VIVEK MENON 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 the operation of the Judgement dt 19/12/2022 in WPC 26563 of 2022
in the interest of justice.
This Writ Appeal coming on for orders on 05/09/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.A.No.866 of 2024
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Dated this the 5th day of September, 2024
ORDER
P.G.Ajithkumar, J.
This is a petition filed under Section 5 of the Limitation
Act, 1963 seeking to condone the delay of 490 days in filing
the appeal.
Heard the learned Senior Central Government Counsel
and the learned counsel for the respondents.
Having heard the submissions at the Bar, we find that
there is sufficient cause for condoning the delay. Connected
appeals, viz., W.A.Nos.574, 575, 689, 696, 701, 768 and 827
of 2024 were already admitted to file also. In the
circumstances, the delay is condoned by allowing this petition.
Admit.
In the connected appeals this Court ordered stay of
operation of the judgments impugned in the respective
appeals. Hence, operation of the judgment impugned in this
appeal is also stayed.
List along with W.A.No.574 of 2024 and connected
appeals on 24.09.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
05-09-2024 /True Copy/ Assistant Registrar
