IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 31642 of 2011(E) -------------------------- PETITIONER(S): --------------- SUMESH P.MOHAN,S/O.MOHAN,NAMBIDIE MADAM, NENMANIKKARA,PUDUKKAD P.O, THRISSUR 680 301. BY ADV. SRI.DILIP J. AKKARA SRI.K.MATHEWS MATHAI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY,DEPARTMENT OF HEALTH AND FAMILY WELFARE,THIRUVANANTHAPURAM. 2. THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE,REPRESENTED BY ITS REGISTRAR COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM 695 035. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 GP SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31642 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. PHOTO OF LATE ATHUL KRISHNAN EXHIBIT P2. TRUE COPY OF THE POST MORTEM CERTIFICATE DATED 5.6.2010. EXHIBIT P3. PHOTOCOPY OF THE HISTOPATHOLOGY REPORT DATED 4.9.10. EXHIBIT P4. PHOTOCOPY OF THE COMPLAINT DATED 17.3.2011 TO 2ND RESPONDENT EXHIBIT P5. PHOTOCOPY OF THE REPORT OF DY.S.P TO S.P THRISSUR DATED 4.9.10. EXHIBIT P6. PHOTOCOPY OF THE REPORT OF EXPERT PANEL HELD ON 30.10.10. EXHIBIT P7. EXTRACT OF THE MINUTES OF THE MEETING OF 2ND RESPONDENTS DISCIPLINARY COMMITTEE HELD ON 24.3.2011. EXHIBIT P8. PHOTOCOPY OF THE REPLY OF DMO MALAPPURAM TO 2ND RESPONDENT DATED 8.6.2011. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).31642/2011 .............................................. Dated this the 16th day of December, 2011 JUDGMENT In this writ petition, the grievance of the petitioner is regarding inaction of the second respondent on a complaint made alleging medical negligence on the part of the doctors of 'Mother & Child' Hospital, Kodakkara. 2. The learned Standing Counsel appearing for the second respondent was directed to obtain instructions in the matter. Accordingly instructions have been obtained and it is submitted that on receipt of the complaint from the petitioner, the matter was considered by the second respondent in March, 2011 and that a report was called for from the District Medical Officer, Thrissur. It is stated that despite reminders, report has not been received and therefore, it has now been decided to place the matter before the disciplinary committee in its next meeting which is scheduled to be held within a month and the disciplinary committee will take a decision in the matter. 3. From the above submissions made on behalf of the second respondent, it is obvious that there is no culpable inaction on the W.P.(C).31642/11 2 part of the second respondent on the complaint of the petitioner. 4. Therefore, I record the aforesaid submission and direct that further action be concluded as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs