Writ petition seeking directions for release of funds and account access for BM Hospital. Court found dispute existed and did not pass orders, advising parties to settle privately and approach authority.
None; Court advised parties to settle matter and approach authority if settlement is reached.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
WP(C) NO. 15287 OF 2021
PETITIONER/S:
DR. SYED FAIZEL C, AGED 41 YEARS S/O. CHEMBAN ASSAN MOHAMMED, KIZHAKKE THOTTIYIL, PARAMBILPEEDIKA, MALAPPURAM-676 317
BY ADVS. V.JOHN MANI S.JAYANT JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. GAYATHRI MENON
RESPONDENT/S:
-2-
W.P.(C). No. 15287 of 2021
BY ADVS. SHRI.M.AJAY, SC, STATE HEALTH AGENCY ABRAHAM P.MEACHINKARA SUNIL SHANKER JOYCE PAUL MARGARET MAUREEN DROSE P.R.JAYAKRISHNAN VIDYA GANGADHARAN C.A.JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 15287 of 2021
P.V.KUNHIKRISHNAN, J.
W.P.(C) No.15287 of 2021
Dated this the 3rd day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers:
-4-
W.P.(C). No. 15287 of 2021
respondent to allow petitioner to access the hospital portal of BM Hospital registered to 2nd respondent.
W.P.(C). No. 15287 of 2021
-5-
that the entire dispute between the petitioner and the other contesting respondents are settled in the light of Ext.R5(a) and the amount can be disbursed to the account mentioned by the parties.
In such circumstances, this Court is not in a position to pass any orders to the authority concerned. The petitioner is free to settle the matter with the contesting respondents and approach the authority, and the authority will do the needful, in accordance to law, if the settlement is reported before the
authority. Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
-6-
W.P.(C). No. 15287 of 2021
APPENDIX OF WP(C) 15287/2021
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE PARTNERSHIP DEED DATED 02.05.2018 |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE PARTNERS MEET MINTS DATED 23.01.2020 |
| Exhibit P3 | A TRUE COPY OF A CANCELLED CHEQUE LEAF OF BM HOSPITAL NILAMBUR AT SOUTH INDIAN BANK |
| Exhibit P4 | A TRUE COPY WHATAPP MESSAGE STATING THAT BM HOSPITAL WAS DECLARED AS A HOSPITAL PROVIDING COVID TREATMENT |
| Exhibit P5 | A TRUE COPY OF SCREENSHOT OF TRANSACTION IN MANAGEMENT PORTAL DATED 17.05.2021 |
| Exhibit P6 | A TRUE COPY OF THE EMAIL COMMUNICATION FROM PETITIONER TO THE MANAGER CSB DATED 22.05.2021 |
| Exhibit P7 | A TRUE COPY OF REPLY MAIL SUBMITTED BY MANAGER, CSB DATED 24.05.2021 |
| Exhibit P8 | A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY PETITIONER TO STATE HEATH AGENCY DATED 24.05.2021 |
| Exhibit P9 | A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 27.5.2021 |
| Exhibit P10 | A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE CIRCLE INSPECTOR , NILAMBUR POLICE STATION DATED 21.05.2021 |
| Exhibit P11 | A TRUE COPY OF THE RECEIPT ISSUED BY NILAMBUR POLICE STATION OF EXHIBIT P10 |
-7-
W.P.(C). No. 15287 of 2021
| Exhibit P12 | A TRUE PETITIO CHIEF, |
COPY OF COMPLAINT FILED BY NER BEFORE DISTRICT POLICE MALAPURAM DATED 16.06.2021 |
|---|---|---|
| Exhibit P13 | A TRUE 16.06.2 COMPLAI |
COPY OF POSTAL RECEIPT DATED 021 ISSUED TO EXHIBIT P12 NT |
| Exhibit P14 | A TRUE BEFORE |
COPY OF THE CMP NO.1786/2021 JFCM COURT NILAMBUR |
| Exhibit P15 | A TRUE NILAMBU |
COPY OF THE FIR NO.240/2021 OF R POLICE STATION |
| Exhibit P16 | A TRUE THE MUN 22.06.2 |
COPY OF THE LICENSE ISSUED BY ICIPALITY TO PETITIONER DATED 021 |
| Exhibit P17 | A TRUE BETWEEN |
COPY OF THE EMAIL COMMUNICATION 2ND RESPONDENT AND PETITIONER |
| Exhibit P18 | A TRUE CLAIM S |
COPY OF PMRSSM GUIDELINES OF ETTLEMENT |
| Exhibit P19 | AN EXTR MANUAL AUTHORI |
ACT OF CLAIMS ADJUDICATION ISSUED BY NATIONAL HEALTH TY |
| Exhibit P20 | A TRUE RESPOND |
COPY OF LETTER ISSUED BY 7TH ENT DATED 01.07.2021 |
RESPONDENT'S EXHIBITS EXHIBIT R5(A) TRUE COPYOF THE DEED OF PARTNERSHIP EXECUTED ON 23.10.2017 BETWEEN (I) DR.NADAR SHAH ABDULRAHIMAN; (II) DR.RAFEEK M K; (III) DR.NADUKANDI RANDUPURAYIL MOHAMMEDALI; AND (IV) DR. SYED FAZIL C. EXHIHT R5(B) TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRMS BEARING No.4515/2017 DATED 17.11.2017 ISSUED BY THE REGISTRAR OF FIRM, THIRUVANANTHAPURAM
-8-
W.P.(C). No. 15287 of 2021
| EXHIBIT | R5(C) TRUE COPY OF THE PARTNERS MEET DATED 23.01.2020 |
|---|---|
| EXHIBIT | R5(D) TRUE COPY OF THE PROCEEDINGS OF THE BM HOSPITAL, NILAMBUR PARTNERS MEET DATED 20.2.2021 |
| EXHIBIT | R5(E) TRUE COPY FOT HE RESOLUTION OF THE BM HOSPITAL, NILAMBUR. |
| EXHIBIT | R5(F) TRUE COPY OF THE RESOLUTION DATED 28.2.2021 OF BM HOSPITAL, NILAMBUR |
| EXHIBIT | R5(G) TRUE COPY OF THE ACCOUNTSTATEMENT OF THE ACCOUNT NUMBER 0100043161195001 IN THE CATHOLIC SYRIAN BANK, NILAMBUR BRANCH FOR THE PERIOD 6.5.2021 TO 1.6.2021 ISSUED ON 4.6.2021 |
| EXHIBIT | R5(H) TRUE COPY OF THE RESOLUTION DATED 11.08.2021 OF THE BM HOSPITAL |
| EXHIBIT | R5(I) TRUE COPY OF THE RESOLUTION DATED 11.8.2021 OF THE BM HOSPITAL IS PRODUCED TO GIVE REQUEST TO THE 2ND RESPONDENT TO UPDATE THE CURRENT BANK ACCOUNT. |
| EXHIBIT | R5(J) TRUE COPY OF THE COMMUNICATION SEND BY PETITIONER 'FOR THE PURPOSE OF ACCOUNT UPDATION AT PMJAY'. |
Dr. Syed Faizel C
State of Kerala
State Health Agency Kerala
District Medical Officer
Station House Officer, Nilambur Police
Dr. Nader Shah Adburahiman
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
