IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 31407 of 2011(A) -------------------------- PETITIONER(S): --------------- AGNES DAVIS , PROPRIETOR MEDICAL RESEARCH LABORATORY P.O.CHERPU, THRISSUR. BY ADV. SRI.JIJO PAUL SMT.T.RESMI DAMODARAN RESPONDENT(S): --------------- 1. THE DISTRICT MEDICAL OFFICER (HEALTH) THRISSUR 680 001. 2. DISTRICT HEALTH OFFICER RURAL TECHNICAL ASSISTANT GRADE -1 DISTRICT MEDICAL OFFICE HEALTH THRISSUR 680 001. 3. THE DIRECTOR DIRECTORATE OF RADIATION SAFETY DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KERALA, MEDICAL COLLEGE PO KOZHIKODE 673 008. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31407/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE SITE APPROVAL CERTIFICATE DT.7.5.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P2 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER IN THE OFFICE OF THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE INSPECTION REPORT DT. EXT.P4 TRUE COPY OF MAHAZAR OR NO.18/2011 DT.04.10.2011 PREPARED BY THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF A COMMUNICATION NO.DRS 11203/11 RECEIVED FROM THE OFFICE OF THE 3RD RESPONDENT DIRECTORATE OF RADIATION SAFETY DT.24.10.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31407 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T Following the inspection of the petitioner's Medical Lab and X- ray unit, respondents 1 and 2 prepared Ext.P4 mahazar and closed down the lab and the x-ray unit. It was thereupon this writ petition was filed. 2. As far as the lab is concerned, counsel for the petitioner submits that following the rectifications that were effected, lab was permitted to be reopened and is functioning. 3. As far as the X-ray unit is concerned, learned Government Pleader submits that the functioning of the x-ray unit is in violation of various provisions of the I.P.C, and therefore, a crime has been registered and a report has been made to the jurisdictional Judicial First Class Magistrate Court. 4. Now that such a report has been made and a crime is pending, the appropriate course open to the petitioner is to move the Court where the crime is pending, With that liberty, the writ petition is disposed of. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge