Public interest litigation challenging failure to register a medical establishment and requesting closure orders was disposed of as infructuous by the Telangana High 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.
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD
MONDAY ,THE SEVENTH DAY OF IUARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
PUBLIC INTEREST LITIGATION NO: 271 OF2012
Betwee n:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 ofconstitutionof lndia praying that in the circumstances stated in theAffidavitfiled therewith, the High courtmay be pleased to issue appropriate writ or order or ordersand more particularly in the nature of writ of Mandamusdeclaringthat the acts, deeds and thingsof the respondents No.1 to 3herein in not taking any action against the fourth respondent herein underthe provisionsof The Andhra Pradesh Allopathic Private lvledical Care Establishment(Registration & Regulation)Act,2007 and its Rules are illegal, malafide, abusiveof processof law and much againstto the legaland
I
fundamental rights guaranteed under Constitution of lndia and consequently direct the respondents No. 1 to 3:
A) To close down the Ashwini Eye Hospital situated at 5-13-3, lr/G Road, Kothagudem, Khammam belonging to fourth respondent herein till obtaining registration certificate from the competent authority as required under The Andhra Pradesh Allopathic Private [/edical Care Establishment (Registration & Regulation) Act,2007 and its Rules,
B) To initiate appropriate legal action against the fourth respondent herein including filing complaint before the Judicial First Class Magistrate, Kothagudem, Khammam District for disobeying the provisions of The Andhra Pradesh Allopathic Private Medical Care Establishment (Registration & Regulation) Act, 2007 and its Rules and continuing the establishment without obtaining registration from the competent authority.
C) To recommend to the Andhra Pradesh State Medical Council for suspension of Doctor's registration for not obeying the state laws relating to the protection and promotion of public health as per Chapter I section'1 .9; Chapter 7 section 7.1 and Chapter 8 section 8.2 of Medical Council of lndia Rules and Regulation, Ethics Regulations 2002.
D) To not to allow the respondent No.4 herein to use the premises situated at H.No. 6-12-47, Ganeshbasthi, Kothagudem, which was sealed by the respondent No.3, for any other purposes including surgeries.
and to pass such other order or orders as deem fit and proper in the circumstances of the case and in the interest of .justice, equity and good conscience, as otherwise, the petitioners herein and public at large shall be put to grave and inexplicable hardship and injury.
PILMP. NO: 357 OF 2012
Petition under Section I 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents Nos.1 to 3 herein not to allow the Respondent No.4 herein to
carry on any activityunder nameand styleof AshwiniEye Hospital duringthe pendency of the PIL, in the interest of .iustice
Counsel for the Petitioner:SRI PALIVELA SATYARAJA BABU counsel for the RespondentNos.1 & 3: GP FoR MEDICAL, HEALTH & FAMILY WELFARE
Counsel for theRespondentNo.2:GP FOR REVENUE
Counsel for the RespondentNo.4:SRIVEDULASRINIVAS
The Court made thefollowing: ORDER
/
(
THE HON'BLE THE CHIEF JUSTI CE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
PUBLIC INTEREST LITIGATION No.27L of 2Ol2
ORDER: Per the Hon'ble the Chief Justice Satish Chand.ra Sharma)
Learned counsel for the petitioners is fair enough in stating before this Court that the present public interest litigation has become infmctuous.
The public interest litigation is accordingly disposed of as infructuous.
''Themiscellaneous applications pending, if any, shal1 stand closed. There shall be no order as to costs.
SD/.B.SATYAV HI ASSISTA REGI RAR
,TRUE COPY//
SE OFFICER To, 1. Two ccs to the GP for Medicar, Hearth & Famiry werfare, High court for the State of Telangana [OUT] ?' *occs to the GP ior R6venue, High court for the State of reranqana [oUTr 9. 9n"CC to SRt.eALIVELA SATynRn,il aneu Ad"olri""toe"uti"'' ,"" ', 1. 9neCCto SRt VEDULA SR|N|VAS, navoiaieloeuci- '---, 5. Two C.D. Copies. 6. One Spare Copy. IMRC BS \\V
HIGH COURT
DAf ED:0710312022
ORDER
1 HEs
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PlL.No.271 ot 2012
DISPOSING OF THE PIL AS INFRUCTUOUS WITHOUT COSTS
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Dr. T. Vijendra Rao
Dr. Vasuda Vijaya Kumar
Chekka Laxman Rao
The Government of A.P.
Dr. Sunkara Suresh
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
