The Kerala High Court disposed of a writ petition by referring to a Supreme Court judgment (Cochin University of Science and Technology v. Thomas P. John) and dismissing the petition on the grounds that the legal issue was already settled by that decision.
Writ petition dismissed based on binding judgment of Supreme Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2012/19TH MAGHA 1933
WP(C).No. 40517 of 2003 (W)
PETITIONER(S):
1. DHANESH KUMAR E.K., EDAVAN KAVUNKAL HOUSE, SIVA NAGAR, THIRUVATTOOR P.O., TALI[ARAMBA VIA, KANNUR DIST.
2. DIVYA M.P., D/O T. NARAYANAN, 'CLEAM', MUTHATHY, PAYYANNUR, KANNUR.
3. DALIYA PAVITHRAN, D/O.P.PAVITHRAN, 'PAVITHRALAYAM', P.O. MURINGERI, VIA. ANJARAKANDY, KANNUR DIST.
4. ARUNA S.R.,D/O R.RAVEENDRAN NAIR, MARUTHIYIL PUTHEN VEEDU,
C/O. SREEPADMAM, MRA A-45, MARUTHENKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE KERALA STATE CO-OPERATIVE HOSPITAL, COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICES LTD, PARIYARAM, P.O. PARIYARAM, KANNUR DIST. REP. BY ITS MANAGING DIRECTOR.
3. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR.
R2 AND R3 BY ADV.SRI P.V. SURENDRANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LSN
WP(C).No. 40517 of 2003 (W)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
//TRUE COPY//
P.A. TO JUDGE.
LSN
B.P.RAY, J.
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Dated this the 8th day of February, 2012
JUDGMENT
It is submitted that the issue involved in this case is covered by a judgment reported in 2008 (2) KLT 718 (SC) Cochin University of Science and Technology v. Thomas P. John .
Following the dictum laid down in the aforesaid decision, I dismiss this writ petition.
B.P.RAY, JUDGE
jes
1 issue framed by the court
Whether the writ petition should be dismissed in light of the Supreme Court judgment in Cochin University of Science and Technology v. Thomas P. John.
Colour shows how this judgement treated each authority
Cochin University of Science and Technology v. Thomas P. JohnReferred¶41
2008 (2) KLT 718 (SC) Cochin University of Science and Technology v. Thomas P. John
Dhanesh Kumar E.K. and others
State of Kerala represented by Secretary to Government, Department of Health & Family Welfare
The Kerala State Cooperative Hospital, Complex and Centre for Advanced Medical Services Ltd
The Principal, Academy of Medical Sciences, Pariyaram
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
