IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.11290 OF 2019 (GM-RES) BETWEEN:
DR. A DANIGA CHALAM S/O. LATE ANNAMALAI, AGED ABOUT 55 YEARS, PRIYA DARSHINI MANIPAL CLINIC, AT VEMAGAL, KOLAR TALUK, KOLAR DISTRICT. ... PETITIONER (BY SRI N.R. NAIK, ADV. - ABSENT) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT, VIKASA SOUDHA BENGALURU - 560 001.
2. THE CHIEF EXECUTIVE OFFICER & CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT KOLAR ZILLA PANCHAYATH KOLAR DISTRICT.
3. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER KOLAR DISRICT KOLAR - 563 102.
4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT, KOLAR - 563 102.
5. THE TALUK HEALTH OFFICER KOLAR TALUK, KOLAR DISTRICT - 563 102. ... RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO PLACE THE APPLICATION DATED: 06.12.2018 BEFORE R-2 COMMITTEE FOR REGISTRATION UNDER THE PROVISION OF K.P.M.E. ACT PRODUCED AT ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for petitioner.
Sri Y.D. Harsha, learned Additional Government Advocate for respondent Nos.1 to 5.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the respondent No.3 to place the application dated 06.12.2018 before the committee which is headed by respondent No.2 under the provisions of Karnataka Private Medical Establishments Act, 2007 (hereinafter referred to as ‘the Act’ for short).
3. I have heard the learned Additional Government Advocate for respondent Nos.1 to 5 and perused the averments made in the writ petition.
4. When the matter was taken up for consideration today, learned Additional Government Advocate for respondent Nos.1 to 5 submitted that suitable action in accordance with law will be taken on the application submitted by the petitioner.
5. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to respondent No.2-Committee to consider and decide the application submitted by the petitioner dated 06.12.2018 seeking registration under the provisions of the Act in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST