IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 10191 of 2010(Y) ---------------------------------- PETITIONER: --------------- K.P.SIVANANDAN, AGED 62 YEARS, S/O.K.P.CHATHUKUTTY, KAMMANGHAT HOUSE, KUNNAMANGALAM P.O., KOZHIKODE. BY ADVS. MRS.SUMATHY DANDAPANI, SENIOR ADVOCATE MR.MILLU DANDAPANI RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS), THIRUVANANTHAPURAM. 3. THE REGIONAL ENGINEER, KERALA HEALTH RESEARCH WELFARE SOCIETY, KOZHIKODE. ADVS. MR.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R2 MR.K. RAMESH -GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10191 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF LEASE DEED DTD 21.4.03. EXT.P2: COPY OF MEMBERSHIP CERTIFICATE ISSUED BY THE KERALA VYAPARI VYAVASAYI EDOPANA SAMITHI FOR THE YEAR 2009-11. EXT.P3: COPY OF CERTIFICATE DATED 14.3.2003 ISSUED BY THE ALL KERALA CHEMISTS AND DRUGGISTS ASSOCIATION IN FAVOUR OF THE PETITIONER. EXT.P4: COPY OF LICENCE ISSUED BY THE ASST.DRUGS CONTROLLER, KOZHIKODE DATED 23.1.90. EXT.P5: COPY OF D.D. FOR RS.2,500/- DATED 7.3.2010 IN FAVOUR OF THE 2ND RESPONDENT. EXTP6: COPY OF RECEIPT FOR PAYMENT OF THE LICENCE FEE. EXT.P7: COPY OF THE REPLY DATED 25.11.08 ISSUED BY THE PETTIINER TO THE 3RD RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 3.7.09 ISSUED BY THE PETITIONRE BEFORE THE HON'BLE MINISTER OF HEALTH. EXT.P9: COPY OF DEMAND DRAFT DATED 29.4.2010 FOR RS.2,500/- EXT.P10: COPY OF DEMAND DRAFT DATED 21.5.2010 FOR RS.2,500/- RESPONDENT'S EXHIBITS EXTR6(a): COPY OF AUCTION NOTICE PROPOSING AUCTION TO BE HELD ON 23.9.2009. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.10191 OF 2010 ------------------------------- Dated this the 24th day of MAY, 2010 J U D G M E N T The petitioner has filed this writ petition apprehending coercive action on the part of respondents 2 and 3 to close down the petitioner’s medical shop within the premises of the Medical College Hospital, Kozhikode. The learned counsel appearing for respondents 2 and 3 assures this Court that no proceedings would be taken against the petitioner for closing down his medical shop without resorting to due process of law. This is recorded and the writ petition is disposed of. S. SIRI JAGAN, JUDGE acd