Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 13306 OF 2024 PETITIONER:
SAJU K.P.
AGED 54 YEARS S/O. DAMODHARAN, RESIDING AT HARITHAM, KADAVATHUR P.O., THALASSERY, KANNUR DISTRICT, PIN – 670676 BY ADVS.
NISHA GEORGE GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR CIVIL STATION, KANNUR DISTRICT, PIN – 670001 2 SRI PAVITHRAN AGED 57 YEARS S/O. KUNHIKANNAN, NJOLAYILTHEZHEKUNIYIL, KADAVATHUR P.O., TRIPPANGOTTUR, KANNUR DISTRICT, PIN – 670676 BY ADVS.
T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012) ANIMA M. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
---------------------------- W.P.(C) No. 13306 of 2024 -------------------------------------------------- Dated this the 31st day of July, 2024 JUDGMENT The petitioner, who is a member of Indira Gandhi Co- operative Hospital Society Ltd., Thalassery filed this writ petition seeking the following reliefs:- i. Issue a writ of certiorari calling for the records leading to Exhibit-P6 and to quash the same;
ii. Issue a writ declaring that Exhibit-P6 order has been issued is in violation of the principles of natural justice and therefore it is bad in law;
iii. Issue a writ declaring that the proceedings in its entirety is an abuse of the process of law and therefore vitiated.
2.
The grievance is that Ext.P6 order has been issued in violation of the principles of natural justice. The allegation is that the copies of documents referred as Serial Nos. 4, 5 and 6 in Ext.P6 proceedings were not supplied to the petitioner before passing the said order.
3.
The respondents would submit that the petitioner had earlier approached this Court by filing
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W.P(C) No.4489 of 2024 and the documents as demanded therein were provided to the petitioner. The Government Pleader would submit that the documents marked as Serial Nos. 4 to 6 in Ext.P6 order received from the competent authorities were clarificatory in nature and those were not available with the respondents at the time of hearing the petitioner.
4.
Be that as it may, the Government Pleader representing the 1st respondent has now filed a memo as directed by this Court on 08.07.2024 producing documents referred to as Serial Nos. 4 to 6 in the impugned order.
5.
The fact remains that Ext.P6 proceedings were passed relying on these documents also, without providing a copy of those documents to the petitioner. In view of the above, I am of the view that the 1st respondent has to reconsider the issue after hearing the petitioner again, in order to comply with the principles of natural justice.
Ext.P6 is therefore set aside. The 1st respondent is directed to reconsider the matter and pass appropriate
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orders after hearing the petitioner and the 2nd respondent.
The petitioner and the 2nd respondent are directed to appear before the 1st respondent on 19.08.2024. The 1st respondent after hearing the petitioner and the 2nd respondent if they so desire, shall pass orders afresh within a further period of three weeks there from.
The writ petition is disposed of as above.
Sd/- N. NAGARESH JUDGE MSA
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APPENDIX OF WP(C) 13306/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE
COPY
OF
THE
NOTICE JRGKNR/2087/2023-VCG NO. 2087/2023/VCG DATED 08.01.2024 ISSUED BY THE 1ST RESPONDENT Exhibit -P2 TRUE COPY OF THE CERTIFICATE NO.
107984-2024 DATED 31.01.2024 ISSUED BY THE PANOOR MUNICIPALITY ALONG WITH ACKNOWLEDGEMENT ISSUED BY THE PANOOR MUNICIPALITY ON 30.01.2024 Exhibit -P3 TRUE COPY OF THE COMPLAINT DATED 20.07.2023 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT Exhibit -P4 TRUE COPY OF THE JUDGMENT DATED 13.02.2024 IN W.P.(C) NO. 4489 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit -P5 TRUE COPY OF THE ADDITIONAL STATEMENT DATED 18.03.2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN VCG NO. 2087/2023 Exhibit -P6 TRUE COPY OF THE ORDER NO.
2087/2023/VCG/KDIS DATED 28.03.2024 PASSED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit-R2(a) A true copy of the lease agreement entered into between the petitioner and two partners dated 13-10-2021 Exhibit-R2(b) A true copy of the licence issued by the Panoor Municipality for the period from 2021-2022 to 2022-2023
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Exhibit-R2(c) A true copy of the Certificate issued by the District Medical Officer (Health), Kannur dated 19-11-2022 Exhibit-R2(d) A true copy of the Certificate dated 10-04-2023 issued by the Atomic Energy Regulatory Board Exhibit-R2(e) A true copy of the Affidavit dated 20- 01-2022 submitted by the petitioner before
the
Secretary,
Panoor Municipality Exhibit-R2(f) A true copy of the licence issued by the Municipality which was renewed on 23-02-2022, from 01-03-2022 to 31-03- 2023, Exhibit-R2(g) A true copy of the letter of affiliation dated 02-09-2021 issued to the petitioner by Image Common Biomedical Waste Treatment Facility (CBWTF) Exhibit-R2(h) A true copy of the list of documents filed by the 2nd respondent before the 1st respondent on 28-02-2024 Exhibit-R2(i) True copy of photographs as Denovo Multi Specialty Health Care and the inaugural function Exhibit-R2(j) A true copy of notice published by Denovo Multi Specialty Health Care regarding the name of doctors Exhibit-R2(k) A true copy of notices of medical camp conducted for different diseases, published by Denovo Multi Specialty Health Care
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Exhibit-R2(l) A true copy of the details showing GST return was filed by the Denovo Multi Specialty Health Care