Disposed

Lijey B.K. v. Superintendent, Kozhikode Medical College Hospital

Kerala HC4 Apr 2018WP(C)/2155/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the respondent authorities to auction ground floor rooms in Medical College Hospital for physically handicapped persons within three months, in adherence to previous judgments and a government order.

What did the court decide?

Declaratory direction to respondents 1 to 4 to conduct an auction of the shop rooms within three months.

Lijey B.K. Vs Superintendent, Kozhikode Medical… — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940

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WP(C).No. 2155 of 2018

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----------------------

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PETITIONER

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LIJEY B.K, AGED 25 YEARS, S/O. BALAKRISHNAN, LATIS MANDIR, NAYARUKUZHIYIL, PANTHEERANKAVU (PO), KOZHIKODE,PIN-673019.

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BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP

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RESPONDENT(S):

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1. SUPERINTENDENT, KOZHIKODE MEDICAL COLLEGE HOSPITAL, KOZHIKODE, PIN-673008.

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2. HOSPITAL DEVELOPMENT COMMITTEE, INSTITUTE OF MATERNAL AND CHILD HEALTH, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. REPRESENTED BY ITS SECRETARY, PIN-673008.

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3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE, PIN-673008.

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4. THE DIRECTOR, MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695001.

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5. THE DISTRICT COLLECTOR, KOZHIKODE, PIN-673020.

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6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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BY SENIOR GOVERNMENT PLEADER SRI P.M.MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V.

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WP(C).No. 2155 of 2018 (T) --------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE REQUEST SUBMITTED BY THE FATHER OF THE PETITIONER DATED 31.10.2017.
EXHIBIT P2	TRUE COPY OF THE REPLY DATED 17.11.2017 OF THE INFORMATION OFFICER.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 16.12.2014 IN W.P.(C) NO. 4429/2013.
EXHIBIT P4	TRUE COPY OF THE G.O. (RT) NO. 91/2016/SJD DATED 12.02.2016.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 30.05.2016 IN CONTEMPT CASE (CIVIL) NO. 128/2016.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 25.01.2017 IN CONTEMPT CASE NO. 128/2016.
EXHIBIT P7	TRUE COPY OF THE IDENTITY CARD ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER DATED 15.02.2010.
EXHIBIT P8	TRUE COPY OF THE CERTIFICATE DATED 15.02.2010 ISSUED BY THE MEDICAL BOARD TO THE PETITIONER.
EXHIBIT P9	TRUE COPY OF THE ADMISSION REGISTER PANTHEERANKAVU A. U. P. SCHOOL.
RESPONDENTS	EXHIBITS: NIL

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K.V. P.S.TO JUDGE 5.04.2018

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SHAJI P. CHALY, J.

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- - - - W.P.(C) No. 2155 of 2018

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- - - - Dated this the 4^th day of April, 2018

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JUDGMENT

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The petitioner is a person with 60% disability. The

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grievance voiced by the petitioner in this writ petition is that respondents 1 to 3 are not taking any steps to auction the room constructed using the MLA fund in the premises of Medical College Hospital, Kozhikode for the exclusive use of physically handicapped persons in the light of Exts.P3 and P6 judgments and Ext.P4 Government Order. Even though in the judgments specified above, certain observations and directions are made by this Court with respect to the ratio to be maintained in respect of the handicapped persons, no action is initiated. It is thus seeking the following reliefs, this writ petition is filed.

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“i) To issue a writ of mandamus order or direction, directing respondent No.1 to 4 to auction the ground floor of the building constructed in the Medical College Hospital premises (referred in Exhibit P2 reply) using MLA Fund, exclusively for the physically handicapped persons in the light of Ext.P3 and P4 and P6.

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ii) issue any other writ, order or direction as this Hon'ble Court deems fit in the circumstances of the case.”

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W.P.(C) No.2155 of 2018

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-:2:-

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Having heard learned counsel appearing for the petitioner and the learned Senior Government Pleader, there will be a direction to respondents 1 to 4 to conduct auction of the shop rooms in accordance with the directions contained in Exts.P3 and P6 judgments and Ext.P4 Government Order, as early as possible and at any rate, within three months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

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Sd/- SHAJI P. CHALY, JUDGE

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ttb/04.04.

Lijey B.K. v. Superintendent, Kozhikode Medical College Hospital

Case brief

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Lijey B.K. v. Superintendent, Kozhikode Medical College Hospital

Case brief

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