IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 10224 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ V.T.SALIM, S/O.C.P.ABDULLA, VAZHATHADATHIL, PARAL.P.O., THALASSERY-670 671. BY SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE BY ADV. SRI.S.MANU SMT.K.DEEPA (PAYYANUR) SRI.K.SURESH RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT, DISTRICT HOSPITAL, KOTTAYAM. 686 001. 2. THE DISTRICT PANCHAYAT, KOTTAYAM, REPRESENTED BY IT'S SECRETARY, OFFICE OF THE DISTRICT PANCHAYAT, COLLECTORATE.P.O., KOTTAYAM. 686 002. 3. THE RESIDENT MEDICAL OFFICER, DISTRICT HOSPITAL, KOTTAYAM. 686 001. 4. THE HOSPITAL DEVELOPMENT COMMITTEE, DISTRICT HOSPITAL, KOTTAYAM. 686 001. R1 & R3 BY SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 10224 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : (i) to issue a writ of mandamus or other appropriate writ direction or order directing the respondents to permit the petitioner to continue as the licencee of the Milma Booth in the compound of the District Hospital, Kottayam, on payment of the licence fee and other charges fixed by the respondents, till the finalization of the tenders proceedings pursuant to Ext. P3 tender notice. (ii) to call for the records leading to Ext. P5 and to quash the same by the issue a writ of certiorari of any other appropriate direction or order And (iii) to grant such other reliefs as this Honourable Court may deem fit in the facts and circumstances of the case. 2. When the matter taken up for consideration on 30.03.2011, 'status quo' was ordered to be maintained for a period of two weeks. 3. The learned Government Pleader appearing for the respondents seeks for some more time to get instructions. 4. Mr. K. Gopalakrishna Kurup, the learned senior counsel appearing for the the petitioner submits that the only impediment in considering the matter with regard to the further steps on Ext. P3 tender notice is in view of the ongoing election process and the final decision W.P. (C) No. 10224 of 2011 : 2 : could be taken only after completion of the same. 5. Considering the facts and circumstances, 'status quo' as on today shall be maintained till Ext. P3 tender proceeding are finalized. It is made clear that, this will not set as a precedent, as this verdict is being passed, taking note of the particular circumstances and the larger public interest involved, especially the plight of the patients in the concerned hospital, where the 'Milma booth' of the petitioner situates - running of which forms the subject matter of Ext. P3 tender. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd