IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5557 of 2010(T) ------------------------- PETITIONER(S): --------------- 1. K.A.JABIR BINU, AGED 31 YEARS, S/O.K.K.ABDUL AZEEZ, VI/1518 C, NEW ROAD, MATTANCHERRY, KOCHI-2. 2. K.K.ABDUL AZEEZ, S/O.KUNJU MARAKKAR, RESIDING AT -DO- BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR SRI.C.N.MIDHUN RESPONDENT(S): --------------- 1. 'MEDICAL COUNCIL OF INDIA', POCKET-14, SECTOR-8, DWARAKA, NEW DELHI-110077, REP.BY ITS SECRETARY. 2. REGISTRAR,MAHARASHTRA MEDICAL COUNCIL, 189-A, ANAND COMPLEX, 2ND FLOOR, SANE GURUJI MARG, ARTHUR ROAD, NAKA, MAHALAKSHMI, MUMBAI-400011. 3. DR.NAZEER Y FULARA, FULARA MEDI CHECK CENTER, 301-310, DOCTOR HOUSE, 2ND FLOOR, OPP.JESLOCK HOSPITAL, PEDDER ROAD, MUMBAI-26. 4. 'RIYA TRAVELS & TOURS (INDIA) PVT LTD', REGIONAL OFFICE, ATLANTIS, M.G.ROAD, KOCHI-682 015, KERALA. 5. 'NON RESIDENT KERALITES' AFFAIRS DEPARTMENT', GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. PRAVASHI MALAYALI WELFARE ASSOCIATIO KERALA, 1ST FLOOR, CC 351B, MADATHIPARAMBIL, PARADISE HALL, JANATHA, VYTTILA, KOCHI-682019. 7. MINISTRY OF OVERSEAS AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. SRI.T.P.M.IBRAHIM KHAN, ASG SRI.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 5557 of 2010 T ``````````````````````````````````````````````````````` Dated this the 22nd day of February, 2010 J U D G M E N T The petitioner seeks for a direction to respondents 1 and 2 to conduct disciplinary proceedings against the third respondent and to punish the third respondent if he is found guilty for the glaring illegalities and foul play committed by him. The petitioner has narrated details of the various acts and omissions of the third respondent in paragraphs 3 and 4 of the writ petition. The third respondent is a medical practitioner stationed in Mumbai. The petitioner was in Kuwait and he came back to Mumbai in 2006 for changing Visa. He had contacted the third respondent for arranging a medical report, through a travel agency. After going through the averments in paragraphs 4 and 5, I am of the view that the petitioner's remedy is to approach the Mumbai High Court. No part of the cause of action has arisen within the jurisdiction of this Court. The third respondent is not residing or carrying out his activities within the jurisdiction of this Court. In the light of the various decisions of this Court including that of a Full Bench in Nakul Deo Singh Vs. Deputy Commandant WPC.5557/2010 : 2 : [1999 (3) KLT 629 FB], I am of the view that the writ petition cannot be maintained before this Court for want of territorial jurisdiction. Therefore, the writ petition is dismissed with liberty to move before the appropriate court. (T.R.RAMACHANDRAN NAIR, JUDGE) aks