IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 13409 of 2006(U) ------------------------------------ PETITIONER: ----------------------- DR.SUNIL KUMAR K.R. S/O.K.A.RAPHAEL ASSISTANT SURGEON, (C.M.O.), DISTRICT HOSPITAL, KOLLAM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: ----------------------- 1. THE KERALA STATE HUMAN RIGHTS COMMISSION O/O.THE KERALA STATE HUMAN RIGHTS COMMISSION, M.P.APPAN ROAD, VAZHUTHACAUDU, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KOLLAM. 4. THE SUPERINTENDENT, DISTRICT HOSPITAL, KOLLAM. 5. JOY.T.BABY VILASAM, EAST KALLADA P.O. EAST KALLADA, KOLLAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW ADV. SRI.SEBASTIAN DAVIS FOR R1 SRI.S.V.BALAKRISHNA IYER (SR.) FOR R5 SRI.R.SURAJ KUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13409 of 2006(U) -2- APPENDIX PETITIONER' EXHIBITS: EXT.P1 - TRUE COPY OF THE ORDER, PASSED BY THE 1ST RESPONDENT IN H.R.M.P. 3033/2005 DATED 21ST FEBRUARY 2006, ALONG WITH THE COVERING LETTER ADDRESSED TO THE GOVERNMENT. EXT.P2 - TRUE COPY OF THE REPORT FORWARDED BY THE 4TH RESPONDENT TO 3RD RESPONDENT WITH THE NO.E1-5563/2005 DATED 18/10/2005. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.13409 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the recommendation of the first respondent for recovery of an amount of Rs.5,000/- from the petitioner. The main contention of the petitioner is that he was not heard in the matter. 2. Learned counsel for the first respondent submits that it is only a recommendation and it is for the Government to take appropriate action. There is no counter affidavit yet despite the interim order ever since 24.05.2006. I do not think that, at this stage, petitioner should be relegated to the Commission for fresh consideration of the matter after impleading himself, in the peculiar facts and circumstances of the case. Therefore, this writ petition is disposed of in terms of the interim order. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 13409 OF 2006 J U D G M E N T 01.09.2008