S. Kaja HussaIn Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1094433
CourtKerala High Court
Decided OnOct-07-2013
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantS. Kaja Hussain
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice p.r. ramachandra menon monday,the7h day of october201315th aswina, 1935 wp(c). no. 23513 of 2013 (l) ---------------------------- petitioners: -------------------- 1. s. kaja hussain, fitha manzil, priyadarshni nagar, kodunthirapully p.o. palakkad - 678 004.2. m.k.raman, pudoor hosue, kodunthirapully, palakkad - 678 004.3. m.n. ansariyyi, anzar manzil, kammanthara, tattamangalam palakkad.4. k. ashraf, bismillah manzil, manamkutty, nallepully p.o. palakkad.5. harikrishnan unnithan, hari nivas, anakatty, mattathukad p.o. palakkad - 678 581. by advs. sri. n. nandakumara menon (sr.) sri. p.k. manojkumar respondents: ------------------------ 1. the state of kerala, represented by the secretary to government department of health and family planning government secretariat thiruvananthapuram - 695 001.2. the secretary to government, department of health and family welfare government of kerala, thiruvananthapuram - 695 001. by senior government pleader sri. joseph george this writ petition (civil) having come up for admission on0710-2013, the court on the same day delivered the following: wp(c).no. 23513 of 2013 (l) appendix petitioners' exhibits:- ----------------------------------- exhibit p1 - copy of the course certificate no.2746 reg.no.ii.2026 dated3101.1981 issued by the director thilaga medical institute, madurai, to the1t petitioenr. exhibit p2 - copy of the course certificate c.no.179 dated3006.1982 issued by the director thilaga medical institute, madurai, to the1t petitioenr. exhibit p3 - copy of the gazette notification no.dl.33001/96 registered no.dl-33001/96 dated1702.1996 issued by the director and president tmi and aams of india, to the1t petitioner. exhibit p4 - copy of the certificate dated1807.2013 issued by the president, pirayiri grama panchayat, to the1t petitioner. exhibit p5 - copy of the certificate no.1954 reg.no.ii.9180 dated3011.1970 issued by the director thilaga medical institute, madurai, to the2d petitioner. exhibit p6 - copy of the certificate s.no.3151 reg.no.ii.30050 dated3002.1986 issued by the director thilaga medical institute, madurai, to the3d petitioenr. exhibit p7 - copy of the gazette notification no.24 dated1506.1996 issued by the director and president tmi and aams of india, to the2d petitioner. exhibit p8 - copy of the gazette notification no.24 dated1506.1996 issued by the director and president tmi and aams of india, to the3dpetitioner. exhibit p9 - copy of the certificate dated1907.2013 issued by the president, pirayiri grama panchayat, to the2d petitioner. exhibit p10 - copy of the certificate dated2805.2013 issued by the president, pirayiri grama panchayat, to the3d petitioner. exhibit p11 - copy of the diploma certificate s.no.6015 dated1002.2011 issued by the secretary, advanced medical training centre, chennai, to the4h petitioner. exhibit p12 - copy of the diploma certificate s.no.5801 dated1001.2000 issued by the secretary, advanced medical training centre, chennai, to the5h petitioner. (contd.....) wp(c).no. 23513 of 2013 (l) 2 exhibit p13 - copy of the certificate dated2505.2013 issued by the president, pirayiri grama panchayat, to the4h petitioner. exhibit p14 - copy of the certificate dated1707.2013 issued by the president, sholayoor grama panchayat, to the5h petitioner. exhibit p15 - copy of the circular no.4-6/70.mpt, dated2411.1972 issued by the central government, new delhi. exhibit p16 - copy of the45h report dated0201.1975 issued by the chairman, rajya sabha committee on petitions. exhibit p17 - copy of the circular no.v.11016/8/74-mpt dated2504.1975 issued by the government of india, ministry of health and family planning to all state governments/union territories. exhibit p18 - copy of the circular no.11018/4/77-mpt.me(p) dated1501.1979 issued by the government of india, ministry of health and family welfare to all state governments/union territories. exhibit p19 - copy of the circular no.v.11016/3/82-me(p) dated0807.1986 issued by the government of india, ministry of health and family welfare new delhi, to the health secretary, all state governments/union territories. exhibit p20 - copy of the notification no.29433/g2/77/100 dated2001.1977 the list of exemption for modern medicine. exhibit p21 - copy of the representation dated2907.2013 submitted by the petitioners before the secretary to government, department of health and family welfare, government of kerala. exhibit p22 - copy of the receipt issued by the india post dated2308.2013. respondents' exhibits:- nil --------------------------------------- //true copy// p.a. to judge sp p.r. ramachandra menon, j.--------------------------------------- w.p.c.no.23513 of2013--------------------------------------- dated this the 7th day of october, 2013. judgment the petitioners have approached this court with the following prayers:- "i. to issue a writ of mandamus or other appropriate writ order or direction directing the respondents to consider and pass appropriate orders on exhibit-p21 representation in accordance with law after affording to the petitioners an opportunity of being heard; ii. to issue a writ of mandamus or other appropriate writ order or direction directing the respondents to grant to the petitioners exemption under section 38 of the travancore cochin medical practitioners act 1953 from registration under section 23(1)(ii) of the tcmp act 1953; iii. to grant to the petitioners such other and further reliefs that may be prayed for from time to time and this honourable court may deem fit and proper to grant; and iv. to award to the petitioners the costs in these proceedings." 2. the learned counsel for the petitioners submits that the petitioners are practising modern medicine in remote villages in the state of kerala for more than 10 to 25 years. it is stated that, the service being rendered by the petitioners is quite essential, in view of the remoteness of the locality and the lack of infrastructure in the villages. the petitioners have already approached the 2nd respondent by filing ext.p21 representation w.p.c.no.23513 of20132 for granting exemption under section 38 of the travancore cochin medical practitioners act, 1953. the grievance of the petitioners is with regard to the lethargy on the part of the 2nd respondent in taking up ext.p21 and passing appropriate orders.3. heard the learned government pleader as well. considering the limited extent of relief sought for, this court does not find it necessary to adjudicate the issue on merits. the writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on ext.p21 within 'three months' from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to any of the petitioners in a representative capacity. the petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps. p.r. ramachandra menon, judge sp
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.R. RAMACHANDRA MENON MONDAY,THE7H DAY OF OCTOBER201315TH ASWINA, 1935 WP(C). No. 23513 of 2013 (L) ---------------------------- PETITIONERS: -------------------- 1. S. KAJA HUSSAIN, FITHA MANZIL, PRIYADARSHNI NAGAR, KODUNTHIRAPULLY P.O. PALAKKAD - 678 004.

2. M.K.RAMAN, PUDOOR HOSUE, KODUNTHIRAPULLY, PALAKKAD - 678 004.

3. M.N. ANSARIYYI, ANZAR MANZIL, KAMMANTHARA, TATTAMANGALAM PALAKKAD.

4. K. ASHRAF, BISMILLAH MANZIL, MANAMKUTTY, NALLEPULLY P.O. PALAKKAD.

5. HARIKRISHNAN UNNITHAN, HARI NIVAS, ANAKATTY, MATTATHUKAD P.O. PALAKKAD - 678 581. BY ADVS. SRI. N. NANDAKUMARA MENON (SR.) SRI. P.K. MANOJKUMAR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY PLANNING GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0710-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23513 of 2013 (L) APPENDIX PETITIONERS' EXHIBITS:- ----------------------------------- EXHIBIT P1 - COPY OF THE COURSE CERTIFICATE NO.2746 REG.NO.II.2026 DATED3101.1981 ISSUED BY THE DIRECTOR THILAGA MEDICAL INSTITUTE, MADURAI, TO THE1T PETITIOENR. EXHIBIT P2 - COPY OF THE COURSE CERTIFICATE C.NO.179 DATED3006.1982 ISSUED BY THE DIRECTOR THILAGA MEDICAL INSTITUTE, MADURAI, TO THE1T PETITIOENR. EXHIBIT P3 - COPY OF THE GAZETTE NOTIFICATION NO.DL.33001/96 REGISTERED NO.DL-33001/96 DATED1702.1996 ISSUED BY THE DIRECTOR AND PRESIDENT TMI AND AAMS OF INDIA, TO THE1T PETITIONER. EXHIBIT P4 - COPY OF THE CERTIFICATE DATED1807.2013 ISSUED BY THE PRESIDENT, PIRAYIRI GRAMA PANCHAYAT, TO THE1T PETITIONER. EXHIBIT P5 - COPY OF THE CERTIFICATE NO.1954 REG.NO.II.9180 DATED3011.1970 ISSUED BY THE DIRECTOR THILAGA MEDICAL INSTITUTE, MADURAI, TO THE2D PETITIONER. EXHIBIT P6 - COPY OF THE CERTIFICATE S.NO.3151 REG.NO.II.30050 DATED3002.1986 ISSUED BY THE DIRECTOR THILAGA MEDICAL INSTITUTE, MADURAI, TO THE3D PETITIOENR. EXHIBIT P7 - COPY OF THE GAZETTE NOTIFICATION NO.24 DATED1506.1996 ISSUED BY THE DIRECTOR AND PRESIDENT TMI AND AAMS OF INDIA, TO THE2D PETITIONER. EXHIBIT P8 - COPY OF THE GAZETTE NOTIFICATION NO.24 DATED1506.1996 ISSUED BY THE DIRECTOR AND PRESIDENT TMI AND AAMS OF INDIA, TO THE3DPETITIONER. EXHIBIT P9 - COPY OF THE CERTIFICATE DATED1907.2013 ISSUED BY THE PRESIDENT, PIRAYIRI GRAMA PANCHAYAT, TO THE2D PETITIONER. EXHIBIT P10 - COPY OF THE CERTIFICATE DATED2805.2013 ISSUED BY THE PRESIDENT, PIRAYIRI GRAMA PANCHAYAT, TO THE3D PETITIONER. EXHIBIT P11 - COPY OF THE DIPLOMA CERTIFICATE S.NO.6015 DATED1002.2011 ISSUED BY THE SECRETARY, ADVANCED MEDICAL TRAINING CENTRE, CHENNAI, TO THE4H PETITIONER. EXHIBIT P12 - COPY OF THE DIPLOMA CERTIFICATE S.NO.5801 DATED1001.2000 ISSUED BY THE SECRETARY, ADVANCED MEDICAL TRAINING CENTRE, CHENNAI, TO THE5H PETITIONER. (Contd.....) WP(C).No. 23513 of 2013 (L) 2 EXHIBIT P13 - COPY OF THE CERTIFICATE DATED2505.2013 ISSUED BY THE PRESIDENT, PIRAYIRI GRAMA PANCHAYAT, TO THE4H PETITIONER. EXHIBIT P14 - COPY OF THE CERTIFICATE DATED1707.2013 ISSUED BY THE PRESIDENT, SHOLAYOOR GRAMA PANCHAYAT, TO THE5H PETITIONER. EXHIBIT P15 - COPY OF THE CIRCULAR NO.4-6/70.MPT, DATED2411.1972 ISSUED BY THE CENTRAL GOVERNMENT, NEW DELHI. EXHIBIT P16 - COPY OF THE45H REPORT DATED0201.1975 ISSUED BY THE CHAIRMAN, RAJYA SABHA COMMITTEE ON PETITIONS. EXHIBIT P17 - COPY OF THE CIRCULAR NO.V.11016/8/74-MPT DATED2504.1975 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY PLANNING TO ALL STATE GOVERNMENTS/UNION TERRITORIES. EXHIBIT P18 - COPY OF THE CIRCULAR NO.11018/4/77-MPT.ME(P) DATED1501.1979 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE TO ALL STATE GOVERNMENTS/UNION TERRITORIES. EXHIBIT P19 - COPY OF THE CIRCULAR NO.V.11016/3/82-ME(P) DATED0807.1986 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI, TO THE HEALTH SECRETARY, ALL STATE GOVERNMENTS/UNION TERRITORIES. EXHIBIT P20 - COPY OF THE NOTIFICATION NO.29433/G2/77/100 DATED2001.1977 THE LIST OF EXEMPTION FOR MODERN MEDICINE. EXHIBIT P21 - COPY OF THE REPRESENTATION DATED2907.2013 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA. EXHIBIT P22 - COPY OF THE RECEIPT ISSUED BY THE INDIA POST DATED2308.2013. RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.C.No.23513 OF2013--------------------------------------- Dated this the 7th day of October, 2013. JUDGMENT

The Petitioners have approached this Court with the following prayers:- "i. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to consider and pass appropriate orders on Exhibit-P21 representation in accordance with law after affording to the Petitioners an opportunity of being heard; ii. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to grant to the Petitioners exemption under Section 38 of the Travancore Cochin Medical Practitioners Act 1953 from Registration under Section 23(1)(ii) of the TCMP Act 1953; iii. To grant to the Petitioners such other and further reliefs that may be prayed for from time to time and this Honourable Court may deem fit and proper to grant; And iv. To award to the petitioners the costs in these proceedings." 2. The learned counsel for the petitioners submits that the petitioners are practising Modern Medicine in remote Villages in the State of Kerala for more than 10 to 25 years. It is stated that, the service being rendered by the petitioners is quite essential, in view of the remoteness of the locality and the lack of infrastructure in the Villages. The petitioners have already approached the 2nd respondent by filing Ext.P21 representation W.P.C.No.23513 OF20132 for granting exemption under Section 38 of the Travancore Cochin Medical Practitioners Act, 1953. The grievance of the petitioners is with regard to the lethargy on the part of the 2nd respondent in taking up Ext.P21 and passing appropriate orders.

3. Heard the learned Government Pleader as well. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits. The writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P21 within 'three months' from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to any of the petitioners in a representative capacity. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps. P.R. RAMACHANDRA MENON, JUDGE sp