High Court Kerala High Court

Wadakanchery Block … vs District Medical Officer … on 19 February, 2007

Kerala High Court
Wadakanchery Block … vs District Medical Officer … on 19 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 174 of 2007()


1. WADAKANCHERY BLOCK MULTI-PURPOSE
                      ...  Petitioner

                        Vs



1. DISTRICT MEDICAL OFFICER (HEALTH),
                       ...       Respondent

2. SUPERINTENDENT, THALAPPILLY TALUK,

3. HOSPITAL DEVELOPMENT COMMITTEE,

4. WADAKKANCHERRY BLOCK PANCHAYAT,

                For Petitioner  :SRI.SIMON LUIZ

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.K.S.RADHAKRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :19/02/2007

 O R D E R
                   K.S.RADHAKRISHNAN, Ag.C.J.   &

                            M.N.KRISHNAN, J.

                       -------------------------------

                            W.A.No. 174 of 2007

                       -------------------------------

            Dated, this the   19th   day of  February,  2007


                                 JUDGMENT

Radhakrishnan, Ag.C.J.

Heard learned counsel on either side.

2. The learned Single Judge has only held that the right to

conduct neethi medical store will be open to all the societies in

the Taluk. The petitioner society has produced a letter which

would indicate that key has been handed over to the society by

the Block Panchayat for the purpose of conducting a neethi

medical store. However, learned counsel appearing for the Block

Panchayat submitted that they are in possession of the building

and there is no question of handing over keys to the petitioner

society. No agreement has been produced to show that the

building has been given to the petitioner society. In the

circumstances, the learned Single Judge felt that it will be

appropriate that the right to conduct neethi medical store be

given after inviting tenders. We find no error in the direction

given by the learned Single Judge to be interfered by us in this

W.A.No.174/2007 2

writ appeal. We make it clear that this will not stand in the way

of the appellant submitting their tender. Appeal is dismissed as

above.

K.S.RADHAKRISHNAN,

Ag.CHIEF JUSTICE.

M.N.KRISHNAN,

JUDGE.

vns