Kerala High Court
Moideen Bava E. K vs Keezhattoor Grama Panchayath on 3 February, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
WP(C) NO. 29136 OF 2021
PETITIONER:
MOIDEEN BAVA E. K.
AGED 65 YEARS
S/O. KAMMAD, ENJANKADAVATH HOUSE,
KOOTTIL P. O. MANKADA (VIA),
MALAPPURAM DISTRICT - 679 324.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 KEEZHATTOOR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
POONDHAVANAM P. O.,
MALAPPRAM DISTRICT - 679 325.
2 THE SECRETARY
KEEZHATTOOR GRAMA PANCHAYATH,
POONDHAVANAM P. O.,
MALAPPRAM DISTRICT - 679 325.
3 THE DISTRICT MEDICAL OFFICER (HEALTH)
CIVIL STATION ROAD,
UP HILL, MALAPPURAM - 676 505.
BY ADV K.T.SIDHIQ
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.29136 OF 2021
2
T.R.RAVI, J.
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WP(C) NO.29136 OF 2021
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Dated this the 03rd day of February, 2022
JUDGMENT
The writ petition has been filed challenging Ext.P10 order whereby the 1st respondent had passed orders on the application submitted by the petitioner for renewal of the licence for conducting Acupuncture clinic, stating that clarification is required from the Director of the Health Service. Pending the writ petition, this Court had passed an interim order on 16.12.2021 to provisionally renew the licence and registration of the petitioner.
2. The 1st respondent has filed a counter affidavit producing along with the licence granted to the petitioner as Ext.R1(b) and a press release issued by the Indian Council of Medical Research as Ext.R1(c). In paragraph No.12 of the counter affidavit, it has been stated that in view of the press release issued by the Indian Council of Medical Research, New Delhi on 11.03.2019, a committee on Acupuncture has been constituted for developing guidelines for Acupuncture as a system of Health care/Therapy and in the said circumstances, WP(C) NO.29136 OF 2021 3 the licence is being renewed. It is further stated that if Ext.R1(c) had been brought to the notice of the Panchayat, the licence would have been renewed even earlier.
In the light of the statement contained in the counter affidavit, no further orders are required in this writ petition and the writ petition is closed leaving open the contentions raised by the petitioner.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO.29136 OF 2021 4 APPENDIX OF WP(C) 29136/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 10.05.2011 ISSUED BY BHARAT SEVAK SAMAJ.
Exhibit P2 TRUE COPY CERTIFICATE ISSUED BY BHARAT SEVA SAMAJ DATED 04.03.2015.
Exhibit P3 TRUE COPY OF THE D & O LICENSE ISSUED ON 17.01.2017 BY THE PANCHAYAT.
Exhibit P4 TRUE COPY OF THE LICENSE DATED 31.05.2017 ISSUED BY THE PANCHAYAT.
Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 03.04.2018 IN FORM NO.3 UNDER THE PRIVATE HOSPITALS AND PRIVATE PARAMEDICAL INSTITUTION REGISTRATION ACT. Exhibit P6 TRUE COPY OF THE CERTIFICATE 24.06.2019 IN FORM NO.3 UNDER THE PRIVATE HOSPITALS AND PRIVATE PARAMEDICAL INSTITUTION REGISTRATION ACT.
Exhibit P7 TRUE COPY OF THE D & O LICENSE ISSUED TO THE PETITIONER DATED 24.06.2019.
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 07.10.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P9 TRUE COPY OF THE AUTHORIZATION GIVEN BY THE POLLUTION CONTROL BOARD DATED 26.10.2021. Exhibit P10 TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.12.2021. Exhibit P11 TRUE COPY OF THE RELEVANT PAGE OF USER FEE COLLECTION CARD DATED 18.09.2021.
Exhibit P12 TRUE COPY OF THE KERALA PANCHAYAT RAJ ACT (REGISTRATION OF PRIVATE HOSPITALS AND PRIVATE PARAMEDICAL INSTITUTIONS) RULES, 1997. RESPONDENT'S EXHIBITS Exhibit R1(A) A true copy of the letter no.C3-16107/2021 dated 19.11.2021 Exhibit R1(B) A true copy of the license no.268/2021 - 2022/b4/ 5399/2021 issued to the petitioner Exhibit R1(C) A true copy of the press release dated 11.03.2019 of Indian Council of Medical Research, New Delhi.
//TRUE COPY// PA TO JUDGE