IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 17198 of 2008(V) -------------------------- PETITIONER(S): PETITIONER ------------------------- ASSNKOYA.P, S/O. KOYAMU, NELLIPPULATH HOUSE, CHELANNUR.P.O, KOZHIKODE. BY ADV. SRI.R.RAMADAS RESPONDENT(S): RESPONDENTS -------------------------- 1. THE HOSPITAL DEVELOPMENT SOCIETY, REP. BY ITS SECRETARY, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 2. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 3. THE DISTRICT COLLECTOR, KOZHIKODE. 4. THE KERALA STATE HANDICAPPED PERSONS' WELFARE CORPORATION LTD , A GOVERNMENT OF KERALA UNDERTAKING, POOJAPURA, TRIVANDRUM-12, REP. BY ITS MANAGING DIRECTOR. ADV. SRI.N.R.SURESH KUMAR FOR R4 G.P. SHRI.SALIM.P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17198/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GOVT. ORDER DTD.29.10.05. P2. COPY OF THE LETTER DTD.23.7.06 BY R4. P3. COPY OF THE REPRESENTATION DTD.3.9.07 BEFORE R2. P4. COPY OF THE LETTER DTD.1.10.07 BY MD OF R4 TO R2. P5. COPY OF THE LETTER DTD.20.11.07 BY R4 TO R2. P6. COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C).No. 36530/07. P7. COPY OF THE LETTER DTD.29.1.08 BY R2. P8. COPY OF THE NEWS ITEM DTD.1.6.2008. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.17198 of 2008 ================== Dated this the 21st day of August, 2009 J U D G M E N T The petitioner is a physically handicapped person having more than 60 per cent disability. By Ext.P1 Government order, the Government gave sanction to give permission to physically handicapped persons to establish and operate vending machines in the premises of the public sector undertakings under the Government. In tune with that permission, the petitioner submitted an application before the 1st respondent-Hospital Development Society of the Medical College Hospital, Kozhikode, for permission to establish a tea/coffee vending machine at Medical College Hospital, Kozhikode, as per Ext.P3. The same has been rejected. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) Call for the records of the case leading upto Ext.P7 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction. b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to grant necessary permission to the petitioner for installing Tea/Coffee vending machines at Casualty and Super Specialty Block of Kozhikode Medical College Hospital, as expeditiously as possible. And c) pass any other appropriate writ, order or direction this Hon'ble Court may be deed fit to issue and the petitioner may pray from time to time.” 2 2. The learned counsel for the petitioner submits that the 1st respondent has now taken a decision to grant permission to intending applicants to establish vending machines in the premises of the hospital. The learned Government Pleader has no instructions regarding the same. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to reconsider the application submitted by the petitioner, if, in fact, the 1st respondent has taken a decision to give permission to establish vending machines in the premises of the hospital. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge