Kerala High Court
Dr. Bibilash B.S vs State Of Kerala on 1 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:47977
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 23895 OF 2025
PETITIONER:
DR. BIBILASH B.S
AGED 40 YEARS
S/O. K. BABU, EDATHU VEEDU,
KANJAVELY, KOLLAM, PIN - 691602
BY ADVS.
SMT.LAYA MARY JOSEPH
SRI.SHYAM PADMAN (SR.)
SMT.ASHWATHI SHYAM
SMT.SWATHY SUDHIR
SRI. RAM MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE KERALA STATE COUNCIL FOR CLINICAL
ESTABLISHMENTS
2ND FLOOR,
HOSTEL BLOCK OF KERALA STATE INSTITUTE OF
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WP(C) No.23895 of 2025
2
HEALTH AND FAMILY WELFARE,
THYCAUD, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY,
PIN - 695014
4 DISTRICT MEDICAL OFFICER
DISTRICT MEDICAL OFFICE (HEALTH),
VANCHIYOOR, THIRUVANANTHAPURAM,
PIN - 695035
Addl.R5 DISTRICT REGISTRATION AUTHORITY,
KERALA STATE COUNCIL FOR CLINICAL
ESTABLISHMENTS,
REPRESENTED BY DISTRICT COLLECTOR AS THE
CHAIRPERSON,
2ND FLOOR, CIVIL STATION BUILDING,
CIVIL STATION ROAD,
THIRUVANANTHAPURAM-695 043
* ADDL.R5 IS IMPLEADED AS PER ORDER DATED
01.07.2025 IN I.A.NO.1/2025
SMT.K.AMMINIKUTTY,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.23895 of 2025
3
JUDGMENT
Dated this the 1st day of July, 2025
The petitioner states that he is a highly qualified medical
professional with 15 years of expertise and advanced
Degrees in Plastic Surgery. The petitioner runs a Cosmetic
Hospital, an advanced Ambulatory Care Centre and
specialises in Plastic Surgery and Dermatology.
2. The petitioner is before this Court aggrieved by
Ext.P10 order of suspension uploaded in the website,
whereunder the registration of the petitioner under the Kerala
Clinical Establishments (Registration and Regulation) Act,
2018 stands suspended. Ext.P8 is the permanent registration
granted to the petitioner, which now stands suspended as per
Ext.P10.
3. Counsel for the petitioner submits that Ext.P10 has
been passed without hearing the petitioner. No reason
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whatsoever has been advanced in Ext.P10 communication
justifying the suspension.
4. Relying on the judgment of this Court in W.P.(C)
No.41738/2023 and connected cases, the counsel for the
petitioner pointed out that such cancellation of registration can
only be effected when the authority has arrived at a
satisfaction that the conditions of registration are not complied
with and the clinical establishments have knowingly or
negligently carried out an act, that is harmful to a person
seeking treatment. There is no finding yet as regards any
negligence on the part of the petitioner. Ext.P9 expert panel
will state to the contrary, contends the petitioner.
5. When this writ petition came up for hearing today,
counsel for the petitioner made available a copy of the
communication No.C6-2196/2025/D.M.H dated 30.06.2025 of
the District Medical Officer (Health-in-Charge). The said
communication dated 30.06.2025 extends an opportunity of
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hearing to the petitioner on 05.07.2025 in respect of the
suspension effected as per Ext.P10. From the afore
communication, it is evident that the petitioner was not given
an opportunity of hearing before passing Ext.P10 suspension.
Therefore, the suspension is unjustified.
In the facts of the case, the writ petition is disposed of
setting aside Ext.P10 and directing that till an opportunity of
hearing is granted to the petitioner pursuant to the
communication dated 30.06.2025 and a fresh reasoned order
is passed, the petitioner shall be permitted to run the Hospital.
Needless to say, the petitioner shall be issued with a show-
cause notice and a further opportunity of hearing before
passing any orders affecting the registration.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:47977
APPENDIX OF WP(C) 23895/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE IFTE & OS LICENSE
DATED 20.01.2025 ISSUED BY
THIRUVANANTHAPURAM CORPORATION
Exhibit P2 TRUE COPY OF THE CONSENT TO OPERATE
DATED 16.11.2024 ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD
Exhibit P3 TRUE COPY OF THE LICENSE DATED
16.12.2024 ISSUED UNDER RULE 61(1) BY
THE OFFICE OF THE ASSISTANT DRUG
CONTROLLER
Exhibit P3(a) TRUE COPY OF THE LICENSE DATED
16.12.2024 ISSUED UNDER RULE 61(2) BY
THE OFFICE OF THE ASSISTANT DRUG
CONTROLLER
Exhibit P3(b) TRUE COPY OF THE LICENSE DATED
06.01.2025 ISSUED UNDER RULE 61(3) BY
THE OFFICE OF THE ASSISTANT DRUG
CONTROLLER
Exhibit P4 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 05.12.2024 ISSUED BY
DEPARTMENT OF FIRE AND RESCUE
SERVICES, GOVERNMENT OF KERALA
Exhibit P5 TTRUE COPY OF THE CERTIFICATE ISSUED
BY THE INDIAN MEDICAL ASSOCIATES GOES-
ECOFRIENDLY BEARING NO.
IMAGE/ANC/136225/2025-2026
Exhibit P6 TRUE COPY OF THE FIR DATED 21.03.2025
REGISTERED AS CRIME NO.353/2025 OF
THUMBA POLICE STATION,
THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF THE NOTICE DATED
04.04.2025 ISSUED UNDER SECTION 168 OF
THE BHARATIYA NYAYA SURAKSHA SANHITA
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(BNSS)
Exhibit P8 TRUE COPY OF THE CERTIFICATE OF
PERMANENT REGISTRATION DATED
05.05.2025 ISSUED BY THE KERALA STATE
COUNCIL FOR CLINICAL ESTABLISHMENTS
Exhibit P9 TRUE COPY OF THE EXPERT PANEL REPORT
DATED 09.05.2025 IN CRIME NO.353/2025
OF THUMBA POLICE STATION
Exhibit P10 TRUE COPY OF THE SCREENSHOT OF THE
ONLINE PORTAL SHOWING THE SUSPENSION
OF REGISTRATION
Exhibit P11 TRUE COPY OF THE APPEAL DATED
03.06.2025 PENDING BEFORE THE
APPELLATE AUTHORITY UNDER THE KERALA
CLINICAL ESTABLISHMENTS (REGISTRATION
AND REGULATION) ACT, 2018
Exhibit P12 TRUE COPY OF THE ORDER DATED
02.06.2025 PASSED BY THE HON'BLE HIGH
COURT OF KERALA IN CRL MC NO.
Exhibit P13 TRUE COPY OF THE NOTICE DATED
16.06.2025 ISSUED TO THE PETITIONER BY
THE POLICE
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
23.06.2025 PASSED BY THE HON'BLE HIGH
COURT OF KERALA IN W.P.(C) NO.
1365/2019 AND CONNECTED CASES
