Devi Scans (P) LTD vs. State Of Kerala
Held
The Court held that the State Government's order fixing the RT-PCR test rates was unsustainable as it was issued without proper discussion with the private laboratories. The Court set aside the impugned orders and directed the State to reconsider the rates after consultation.
Facts
Private diagnostic laboratories challenged government orders fixing the rates for RT-PCR tests, arguing the State lacked the authority to do so without proper consultation. They also sought reimbursement for losses incurred due to the reduced rates.
Key Issues
Whether the State Government has the authority to fix the rates for RT-PCR tests without consulting private laboratories, and if the orders issued were legally sustainable.
Sections Cited
Section 20, Section 24, Section 65, Disaster Management Act, 2005
AI-generated summary — verify with the full judgment below
W.P.(C)Nos.10997 & 11632 of 2021 1 “CR” IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943 WP(C) NO. 10997 OF 2021 PETITIONERS: 1 DEVI SCANS (P) LTD KUMARAPURAM, TRIVANDRUM - 695011, REP. BY ITS MANAGING DIRECTOR, MR. NISARUDEEN. 2 JEEVA SPECIALTY LABORATORY M.G. ROAD, THRISSUR, KERALA - 680004, REPRESENTED BY ITS MANAGING PARTNER, MR. C. BALACHANDRAN. 3 MEDIVISION SCAN AND DIAGNOSTIC RESEARCH CENTRE PVT LTD GROUND FLOOR, MERCY ESTATE, M.G. ROAD, RAVIPURAM, KOCHI - 682016, REPRESENTED BY ITS DIRECTOR, MR. BERLY CYRIAC. 4 R-CELL DIAGNOSTICS AND RESEARCH CENTRE 27/29E, FCC BUILDING, NEAR FEDERAL BANK TOWER, ARAYIDATHUPALAM, KOZHIKODE, KERALA - 673016, REPRESENTED BY ITS MANAGING PARTNER, MR. RUSSEL MOHAMMED. 5 SAROJ DIAGNOSTIC LABORATORY OLIVE ARCADE, MALAPARAMBA JUNCTION, NEAR ASCENT ENT HOSPITAL, KOZHIKODE, KERALA - 673009, REPRESENTED BY ITS PROPRIETOR, MR.ARUN JYOTHISH K.C. 6 AZA DIAGNOSTIC CENTRE STADIUM PUTHIYARA ROAD, OPP TO SABHA SCHOOL, CALICUT, KERALA - 673004, REPRESENTED BY ITS PARTNER, MR. JAVED ISLAM. 7 ASWINI DIAGNOSTIC SERVICE CHINTHAVALAPPU JUNCTION, JAIL ROAD,
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