Remanded

Dr.S.S.Santhoshkumar v. State of Kerala

Kerala HC11 Feb 2013WP(C)/14444/2005

Case brief

AI extract

What is this about?

In a writ petition filed for quashing an order passed by the University Tribunal in the absence of the petitioner, the Court set aside the impugned order Ex.P11 and remanded the matter to the Tribunal for a proper rehearing, permitting the petitioner to appear by March 1, 2013.

What did the court decide?

Set aside the impugned order Ex.P11 and remand the matter to the University Tribunal for re-hearing, permitting the petitioner to appear before the Tribunal on 01.03.2013.

Dr.S.S.Santhoshkumar Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE B.P.RAY

¶4

MONDAY, THE 11TH DAY OF FEBRUARY 2013/22ND MAGHA 1934

¶5

WP(C).No. 14444 of 2005 (T)

¶6

PETITIONER(S):

¶7

DR.S.S.SANTHOSHKUMAR, (FORMERLY TUTOR IN DEPARTMENT OF ORTHOPAEDICS ACADEMY OF MEDICAL SCIENCE HOSPITAL, PARIYARAM, KANNUR RESIDING AT CHITTATTU VEEDU, KARIYAVATTOM P.O. THIRUVANANTHAPURAM.

¶8

BY ADVS.SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA, REP. BY THE

¶11

SECRETARY TO GOVERNMENT, HEALTH AND FAMILY

¶12

WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

¶13

2. KERALA STATE CO-OPERATIVE HOSPITAL

¶14

COMPLEX AND CENTRE FOR ADVANCED MEDICAL SCIENCES

¶15

PARIYARAM, KANNUR DISTRICT, REP. BY ITS

¶16

MANAGING DIRECTOR.

¶17

3. DIRECTOR, ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR.

¶18

BY GOVT.PLEADER SRI.THOMAS JOHN AMBOOKEN

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

tss

¶21

W.P.(C) NO.14444/2008

¶22

APPENDIX

¶23

PETITIONER'S EXHIBITS:-

¶24

P1:- COPY OF THE ORDER NO.E1.1659/97/ACME DTD. 21.6.1997 OF THE 2ND RESPONDENT.

¶25

P2:- COPY OF THE PROCEEDING SNO.E1.5510/99/SR/PIMS DTD. 19.3.2001 ISSUED BY THE 3RD RESPONDENT.

¶26

P3:- COPY OF THE MEMO OF CHARGES NO.E1. 7371/2001 DTD. 3.12.2001 ISSUED BY 3RD RESPONDENT.

¶27

P4:- COPY OF THE EXPLANATION SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT DTD. NIL.

¶28

P5:- COPY OF THE ORDER NO.E1-1659/97/ACME DT.D 10.6.02 ISSUED BY THE 3RD RESPONDENT.

¶29

P6:- COPY F THE APPEAL DTD. 10.8.2002 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN BOARD OF CONTROL, KERALA CO-OP.HOSPITAL COMPLEX & CENTRE FOR ADVANCE MEDICAL SCIENCES LTD., PARIYARAM.

¶30

P7:- COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP(C) 15848/2003 DTD. 23.5.2003.

¶31

P8:- COPY OF THE NOTICE NO.E1-1659/97 /ACME DTD. 11.2.2004 ISSUED BY 3RD RESPONDENT TO THE PETITIONER.

¶32

P9:- COPY OF THE REPRESENTATION DTD 9.3.2004 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT .

¶33

P10:- COPY OF THE LETTER DTD. 3.6.2004 SENT BY THE PETITIONER'S COUNSEL TO THE 3RD RESPONDENT.

¶34

P11:- COPY OF THE ELTTER NO.E1/1659/97/ACME DTD. 11.6.2004 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S COUNSEL.

¶35

RESPONDENT'S EXHIBITS:-

NIL

//TRUE COPY//

P.A. TO JUDGE

tss

B.P. RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14444 of 2005

¶42

- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11^th day of February, 2013.

¶43

JUDGMENT

¶44

Heard both sides.

¶45

The petitioner has filed this writ petition with the following

¶46

prayers:

¶47

A writ of certiorari quashing/setting aside the decision of the 2^nd respondent on Ext.P6 appeal, which is referred to in Ext.P11 letter.

¶48

A writ of mandamus to the 2^nd respondent to take up Ext.P6 appeal and pass an order thereon in accordance with law and to communicate the order to the petitioner.

¶49

On a perusal of the impugned order Ext.P11, I find that the University Tribunal has passed the impugned order in the absence of the petitioner. In my considered view, the petitioner should be permitted to place his case before the Tribunal. Accordingly, I set aside the impugned order Ext.P11 and remit the matter to the Tribunal for re-hearing in accordance with law. The petitioner shall appear before the Tribunal on 01.03.2013 along with a copy of this judgment. In that event, the Tribunal shall issue notice to the respondents and hear and dispose of the appeal within six months from the date of appearance of the petitioner.

¶50

sd/- B.P. RAY, JUDGE.

¶51

¶52

W.P.(C) No. -:2:-

Dr.S.S.Santhoshkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.S.S.Santhoshkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sndp Yogam Training College Vs Asst.P.F.Commissioner

Jayachandran Vs M.G.University & Others

Veenus Plywood Company Vs the Chief Conservator of Forests and

Kerala Co-Operative Employees Union Vs State of Kerala

Preetha K. Vs State of Kerala

Vimal Jyothi Engineering College Vs K.S.E.B