Disposed

S.Ramachandran Nair v. the Union of India

Kerala HC11 Jan 2021WP(C)/28879/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the winding up of the Directorate of Radiation Safety. The Court held that the decision rests with the Government and directed the Fourth Respondent to consider representations filed by the petitioners within two months before taking a final decision.

What did the court decide?

Directed the 4th respondent to consider representations within two months and pass appropriate orders.

S.Ramachandran Nair Vs the Union of India — Public Procurement and Tenders | Kerala HC (2021)

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W.P(C).No.28879/2020-H 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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WP(C).No.28879 OF 2020(H)

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PETITIONERS:

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1 S.RAMACHANDRAN NAIR, AGED 58 YEARS, S/O SANKARANARAYANAN NAIR, SREEKANTA VILASOM, NVAIKULAM P.O, THIRUVANANTHAPURAM-695 603.

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2 ABHIJITH J.P, AGED 32 YEARS S/O JAYAPRAKASH G, RESIDING AT `SREEMAYAM', PUMP ENGINE ROAD, OLAVAKKODE P.O.PALAKKAD-678 002.

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BY ADVS.

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SRI.MANU GOVIND SHRI.AYESHA MARIA JOHN

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RESPONDENTS:

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1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF ATOMIC ENERGY, ANUSHAKTI BHAVAN, CHHATRAPATI SHIVAJI MAHARAJ MARG, MUMBAI 400 001.

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2 THE ATOMIC ENERGY REGULATORY BOARD (AERB), REPRESENTED BY ITS SECRETARY, NIYAMAK BHAVAN, ANUSHAKTI NAGAR, MUMBAI-400094.

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3 THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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4 THE HEALTH AND FAMILY WELFARE (S) DEPARTMENT, REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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5 THE DIRECTORATE OF RADIATION SAFETY (DRS), REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001.

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R1-2 BY SRI.KRISHNADAS P.NAIR, CGC ASGI SRI P.VIJAYAKUMAR SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.28879/2020-H

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P.V.ASHA, J .

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W.P(c) No.28879 of 2020-H

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Dated this the 11^th day of January, 2021

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J U D G M E N T

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The petitioners are aggrieved by the winding up of the

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Directorate of Radiation Safety as per Ext.P4 order issued on 09.06.2020. According to the petitioners, the reasons stated in Ext.P4 are not correct and there will not be any regulatory body in case the Directorate is wound up.

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The learned Government Pleader submits that the

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decision whether the Directorate is to be continued or not is within the purview of the Government and not for the petitioner to dictate.

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Since both the petitioners are in the field of radiography, they are free to submit representations before

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the 4^th respondent. In case such a representation is received, the 4^th respondent shall pass appropriate ordes after considering the same, within a period of two months of its receipt.

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The Writ Petition is disposed of accordingly.

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rtr/

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W.P(C).No.28879/2020-H

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF GO(MS) NO 32/96/H&FWD DATED 24.1.1996 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2	A TRUE COPY OF ORDER NO CH/AERB/DRS.DEL/99/751 DATED 4.3.1999.
EXHIBIT P3	A TRUE COPY COMMUNICATION DATED 10.9.2014 BY AERB.
EXHIBIT P4	A TRUE COPY OF GO (MS) 88/2020/H&FWD DATED 9.6.2020.
EXHIBIT P5	A TRUE COPY OF THE REPRESENTATION DATED 27.10.2020 FROM THE FIRST PETITIONER TO THE THIRD RESPONDENT.
EXHIBIT P6	A TRUE COPY GO (MS) 54/97/H&FWD DATED 28.2.1997.
EXHIBIT P7	A TRUE COPY OF GO (MS) NO.36/2008/H&FWD DATED 7.2.2008.
EXHIBIT P8	A TRUE COPY OF GO (RT) NO.1749/2012/H&FWD DATED 26.5.2012.
EXHIBIT P9	A TRUE COPY OF GO (RT) NO.2987/2012/H&FWD DATED 14.9.2012.
EXHIBIT P10	A TRUE COPY OF MEMORANDUM OF UNDERSTANDING BETWEEN THE AERB AND THE HEALTH AND FAMILY WELFARE DEPARTMENT.
EXHIBIT P11	A TRUE COPY OF THE REPRESENTATION DATED 9.12.2020 BY THE FIRST PETITIONER TO THE THIRD RESPONDENT.

S.Ramachandran Nair v. the Union of India

Case brief

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S.Ramachandran Nair v. the Union of India

Case brief

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