Kerala High Court
Dr. Sujith A.K vs Kunnamangalam Grama Panchayat on 22 April, 2025
WP(C) NO. 16501 OF 2025 1
2025:KER:32855
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
WP(C) NO. 16501 OF 2025
PETITIONER:
DR. SUJITH A.K.,
AGED 44 YEARS
S/O SUJANA, PROPRIETOR OF GLOBAL MEDICARE,
KUNNAMANGALAM, KARANTHUR P.O.,KOZHIKODE DISTRICT,
RESIDING AT NEDUMACHALIL HOUSE, KUNNAMANGALAM,
KARANTHUR P.O.,KOZHIKODE DISTRICT, PIN - 673571
BY ADV K.M.SATHYANATHA MENON
RESPONDENTS:
1 KUNNAMANGALAM GRAMA PANCHAYAT,
KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 673571
2 THE SECRETARY,
KUNNAMANGALAM GRAMA PANCHAYAT,KUNNAMANGALAM P.O.,
KOZHIKODE DISTRICT, PIN - 673571
3 THE PANCHAYATH COMMITTEE,
KUNNAMANGALAM GRAMA PANCHAYAT,KUNNAMANGALAM P.O.,
KOZHIKODE DISTRICT, REPRESENTED BY ITS PRESIDENT, PIN
- 673571
4 DR. FAVAS,
S/O MOOSA HAJI, SURUR HOUSE, VILLIAPALLI, KOZHIKODE
DISTRICT, PIN - 673101
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, a registered medical practitioner, operates a family clinic named 'Global Medicare' with full facilities. They had obtained Ext.P2 license in compliance with Section 232 of the Kerala Panchayath Raj Act, 1994 (for short 'the Act') for the period 21.06.2023 to 31.03.2024. Before its expiry, the petitioner applied for renewal and paid the required fee on 21.03.2024 as per Ext.P3. As per Section 233(6) of the Act, if no response is received within 30 days of application, the license is deemed renewed. The petitioner filed W.P.(C) No. 37485/2024 seeking a declaration of deemed license, which is admitted and posted for hearing. Despite this, the petitioner received Ext.P16 notice ordering closure of the clinic within seven days, alleging violation of sections 232, 240, 241 and 255 of the Act. The petitioner claimed that these alleged violations are baseless and unsustainable.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel.
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3. However, the petitioner has filed Ext.P17 appeal along with Ext.P18 stay petition against Ext.P16 notice.
In view thereof, the present writ petition is disposed of with a direction to the 3rd respondent to take up and consider Ext.P18 stay petition at the 1st instance and then Ext.P17 appeal and pass orders thereon, within a time frame mandated under section 276(3) of the Kerala Panchayat Raj Act. Till that time, the operation of Ext.P16 stands stayed.
Sd/-P.M.MANOJ JUDGE lsn WP(C) NO. 16501 OF 2025 4 2025:KER:32855 APPENDIX OF WP(C) 16501/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF PETITIONER WITH TRAVANCORE- COCHIN COUNCIL OF MODERN MEDICINE DATED 15.09.2021 Exhibit P2 A TRUE COPY OF THE LICENCE ISSUED BY THE 1STRESPONDENT TO THE PETITIONER FOR RUNNING GLOBAL MEDICARE DATED 13.10.2023 BEARING NO.848/2023-24/JHI/6485 Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT BEARING NO. 400991/RPTL20/GPO/2024/2368 ISSUED BY THE 1ST RESPONDENT GRAMA PANCHAYAT FOR THE RENEWAL OF EXT. P2 LICENCE TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE RECEIPT BEARING NO.1230315301/G111105 DATED 21.3.2024 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 21.3.2024 BEARING NO. 1230315299/ G111105 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT AFTER COLLECTING PROFESSIONAL TAX FOR THE PERIOD OF 2023-2024 Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 21.3.2024 BEARING NO. 1230315298/G111105 ISSUED FOR COLLECTION OF PROFESSIONAL TAX FROM THE EMPLOYEES OF THE PETITIONER'S CLINIC ‘GLOBAL MEDICARE' Exhibit P7 A TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN I.A NO:
5/2024 IN O.S. NO. 201 OF 2023 ON THE FILES OF THE SUB COURT, KOZHIKODE Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 18.10.2024 IN W.P. (C) NO. 36847 OF 2024 BEFORE THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE NOTICE DATED 11.9.2024 WP(C) NO. 16501 OF 2025 5 2025:KER:32855 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P10 A TRUE COPY OF THE REPLY FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.9.2024 Exhibit P11 PHOTOGRAPHS OF THE PETITIONER'S CLINIC ‘GLOBAL MEDICARE Exhibit P12 PHOTOGRAPHS OF THE SHOP ‘GLOBAL FOODS AND NUTRITION'OF SRI. AKHIL N Exhibit P13 A TRUE COPY OF THE INTERIM ORDER DATED 14.01.2025 IN WPC NO: 37485/2024 Exhibit P14 A TRUE COPY OF THE INTERIM ORDER DATED 10.04.2025 IN W.P.[C] NO. 9800/2025 OF THIS HON'BLE COURT Exhibit P15 A TRUE COPY OF THE NOTICE DATED 03.04.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P16 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 11/04/2025 AND SERVED UPON THE PETITIONER ON 15.04.2025 Exhibit P17 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITHOUT DOCUMENT DATED 16.04.2025 Exhibit P18 A TRUE COPY OF THE STAY PETITION FILED BY PETITIONER ALONG WITH EXT.P17 APPEAL BEFORE THE 3RD RESPONDENT DATED 16.04.2025