W.P.(C). No. 15287 of 2021: Dr. Syed Faizel C. v. State of Kerala & Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2021-11-03
Court Decision / Holding: The court disposed the writ petition noting the absence of a settled position to issue concrete orders. It directed the petitioner to pursue settlement with the contesting respondents; if a settlement is reported to the authorities, the agency will act in accordance with law. No substantive order on merits was issued.
Final Disposition: Petition disposed; no order on merits; matter to be settled between parties; authority to act upon settlement if reported to the court/authorities.

Parties to the Case

Appellants / Petitioners

Dr. Syed Faizel C., aged 41 years S/O. Chemban Assan Mohammed, Kizhakke Thottiyil, Parambilpeedika, Malappuram-676 317

Respondents

State of Kerala represented by the Principal Secretary, Department of Health and Family Welfare, Thiruvananthapuram
State Health Agency Kerala (SHA) represented by its Director
District Medical Officer (Health), Malappuram
Station House Officer, Nilambur Police, Malappuram District
Dr. Nader Shah Abdulrahiman
Rafeeq M.K.
The Manager, South Indian Bank, Nilambur Branch
The Manager, Catholic Syrian Bank, Nilambur
Anil Kumar

Legal Representation & Advocates

Counsels for Petitioners

• V. John Mani
• S. Jayant
• Jackson Johny Varghese
• Sabu
• Sethulakshmi K.K.
• Gayathri Menon

Counsels for Respondents

• Shri. M. Ajay, SC
• Abraham P. Meachinkara
• Sunil Shanker Joy
• Joyce Paul
• Margaret Maureen Drose
• P.R. Jayakrishnan
• Vidya Gangadharan
• C.A. Joy

Case Synopsis & Summary

This writ petition, filed in the Kerala High Court, concerns disbursement of funds relating to BM Hospital, Nilambur, purportedly for free treatment of COVID-19 patients. The petitioner seeks mandamus to release the withheld amount into the official BM Hospital account in South Indian Bank (Nilambur), and to bar transfers to other accounts (e.g., Catholic Syrian Bank). He also seeks access to the hospital portal and timely consideration of his Exhibit P17 request, along with quashing Exhibit P20 and related permissions for operating the hospital’s official account. The petitioner relies on a purported settlement evidenced by Ext.R5(a) and contends that funds should be disbursed to the account identified by the parties. Respondents 5 and 6 contend ongoing disputes about disbursement to the requested account. The learned Judge notes a lack of a conclusive order and states that the court cannot pass orders in the given circumstances; the petitioner should settle with the contesting respondents and approach the authority. If such settlement is reported before the authority, it will act in accordance with law.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel contended that the entire dispute with other contesting respondents is settled as per Ext.R5(a), and the amount should be disbursed to the account designated by the parties (official BM Hospital account in South Indian Bank). He urged for release of funds to the official account, access to the hospital portal, and timely consideration of requests (Exhibit P17). He also sought quashing of Exhibit P20 and asked the authority to permit operation of the official account.

Contentions of Respondents

Counsel for respondents 5 and 6 argued that disputes persist regarding disbursement to the account mentioned by the petitioner, and that the court should not pass orders in this unsettled matter. They urged the court to allow the parties to settle and approach the authority for appropriate action once settlement is reported."

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 3[RD] DAY OF NOVEMBER 2021 / 12TH KARTHIKA,** **1943** **WP(C) NO. 15287 OF 2021** ## **PETITIONER/S:** **DR. SYED FAIZEL C, AGED 41 YEARS S/O. CHEMBAN ASSAN MOHAMMED, KIZHAKKE THOTTIYIL, PARAMBILPEEDIKA, MALAPPURAM-676 317** **BY ADVS. V.JOHN MANI S.JAYANT JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. GAYATHRI MENON** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, ROOM NO.5603, 6THFLOOR, ANNEXE II, SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 STATE HEALTH AGENCY KERALA (SHA), REPRESENTED BY ITS DIRECTOR, 5TH ADN 8TH FLOOR, ARTECH MEENAKSHI PLAZA, OPPOSITE GOVERNMENT WOMEN AND CHILDREN'S HOSPITAL TYCAUD, THIRUVANANTHAPURAM-695 014** - **3 DISTRICT MEDICAL OFFICER,(HEALTH), DISTRICT MEDICAL OFFICE (HEALTH) , B3 -BLOCK, CIVIL STATION, MALAPPURAM** - **4 STATION HOUSE OFFICER, NILAMBUR POLICE, MALAPPURAM DISTRICT-676 525** -2- W.P.(C). No. 15287 of 2021 - **5 DR.NADER SHAH ADBURAHIMAN, S/O. MOHAMMED ABDULLA RAHMAN, RESIDING AT NEST, NEAR PEEVEES PUBLIC SCHOOL, CHAKKALAKUTH, NILAMBUR-679 329** - **6 RAFEEK.M.K., S/O. KUNJALI, PACIFIC APARTMENT, AKAMPADAM, ERNAHIMANGAD (PO), NILAMBUR-679 329** - **7 THE MANAGER, SOUTH INDIAN BANK, NILAMBUR BRANCH, NILAMBUR P.O., MALAPPURAM-679 329** - **8 THE MANAGER, CATHOLIC SYRIAN BANK, NEAR LITTLE FLOWER SCHOOL, 2/640G, JANATHAPADIPADIKUNNU, NILAMBUR, KERALA-679 329** - **9 ANIL KUMAR, GEETHALAYAM, ERNAHIMANGAD, NILAMBUR, AKAMPADAM, MALAPPURAM** **BY ADVS. SHRI.M.AJAY, SC, STATE HEALTH AGENCY ABRAHAM P.MEACHINKARA SUNIL SHANKER JOYCE PAUL MARGARET MAUREEN DROSE P.R.JAYAKRISHNAN VIDYA GANGADHARAN C.A.JOY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- W.P.(C). No. 15287 of 2021 ## **P.V.KUNHIKRISHNAN, J.** ============================================================== ## W.P.(C) No.15287 of 2021 =================================================================================== Dated this the 3[rd] day of November, 2021 ## JUDGMENT The above writ petition is filed with following prayers: - i. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd respondent to release the withheld amount for giving free treatment to COVID patients to the official account of BM hospital at South Indian bank, Nilambur Branch as Account No:0057073000001336. - ii. To issue a writ in the nature of mandamus or such other writ, order or direction direction the 2nd respondent not to release any amount in to the Catholic Syrian Bank Account bearing Account No. 040004316148195001 or to any account other than official account BM hospital at South Indian bank Nilambur Branch. - iii. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd -4- W.P.(C). No. 15287 of 2021 respondent to allow petitioner to access the hospital portal of BM Hospital registered to 2nd respondent. - iv. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 2nd respondent to consider Exhibit P17 request within a time stipulated by this hon'ble Court after affording an opportunity of being heard. - v. To issue a writ in the nature of Certiorari or such other writ, order or direction to quash Exhibit P20. - vi. To issue a writ in the nature of mandamus or such other writ, order or direction directing the 7th respondent to permit the petitioner to operate the official account of BM hospital at South Indian bank, Nilambur Branch as Account no.0057073000001336. - vii. To issue such other writ or pass such orders as this Hon'ble Court deems fit in the interest of justice. ” 2. The learned counsel for the petitioner submitted -5- W.P.(C). No. 15287 of 2021 that the entire dispute between the petitioner and the other contesting respondents are settled in the light of Ext.R5(a) and the amount can be disbursed to the account mentioned by the parties. 3. On the other hand, the learned counsel appearing for respondents 5 and 6 submitted that still there is dispute about the disbursement of the amount to the account mentioned by the petitioner. In such circumstances, this Court is not in a position to pass any orders to the authority concerned. The petitioner is free to settle the matter with the contesting respondents and approach the authority, and the authority will do the needful, in accordance to law, if the settlement is reported before the authority. Sd/- ## P.V.KUNHIKRISHNAN ## JUDGE das -6- W.P.(C). No. 15287 of 2021 ## **APPENDIX OF WP(C) 15287/2021** **PETITIONER EXHIBITS** - **Exhibit P1 A TRUE COPY OF THE PARTNERSHIP DEED DATED 02.05.2018** - **Exhibit P2 A TRUE COPY OF THE PARTNERS MEET MINTS DATED 23.01.2020** - **Exhibit P3 A TRUE COPY OF A CANCELLED CHEQUE LEAF OF BM HOSPITAL NILAMBUR AT SOUTH INDIAN BANK** - **Exhibit P4 A TRUE COPY WHATAPP MESSAGE STATING THAT BM HOSPITAL WAS DECLARED AS A HOSPITAL PROVIDING COVID TREATMENT** - **Exhibit P5 A TRUE COPY OF SCREENSHOT OF TRANSACTION IN MANAGEMENT PORTAL DATED 17.05.2021** - **Exhibit P6 A TRUE COPY OF THE EMAIL COMMUNICATION FROM PETITIONER TO THE MANAGER CSB DATED 22.05.2021** **Exhibit P7 A TRUE COPY OF REPLY MAIL SUBMITTED BY MANAGER, CSB DATED 24.05.2021** - **Exhibit P8 A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY PETITIONER TO STATE HEATH AGENCY DATED 24.05.2021** - **Exhibit P9 A TRUE COPY OF EMAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 27.5.2021** - **Exhibit P10 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE CIRCLE INSPECTOR , NILAMBUR POLICE STATION DATED 21.05.2021** **Exhibit P11 A TRUE COPY OF THE RECEIPT ISSUED BY NILAMBUR POLICE STATION OF EXHIBIT P10** -7- W.P.(C). No. 15287 of 2021 - **Exhibit P12 A TRUE COPY OF COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF, MALAPURAM DATED 16.06.2021** - **Exhibit P13 A TRUE COPY OF POSTAL RECEIPT DATED 16.06.2021 ISSUED TO EXHIBIT P12 COMPLAINT** - **Exhibit P14 A TRUE COPY OF THE CMP NO.1786/2021 BEFORE JFCM COURT NILAMBUR** - **Exhibit P15 A TRUE COPY OF THE FIR NO.240/2021 OF NILAMBUR POLICE STATION** - **Exhibit P16 A TRUE COPY OF THE LICENSE ISSUED BY THE MUNICIPALITY TO PETITIONER DATED 22.06.2021** - **Exhibit P17 A TRUE COPY OF THE EMAIL COMMUNICATION BETWEEN 2ND RESPONDENT AND PETITIONER** - **Exhibit P18 A TRUE COPY OF PMRSSM GUIDELINES OF CLAIM SETTLEMENT** - **Exhibit P19 AN EXTRACT OF CLAIMS ADJUDICATION MANUAL ISSUED BY NATIONAL HEALTH AUTHORITY** - **Exhibit P20 A TRUE COPY OF LETTER ISSUED BY 7TH RESPONDENT DATED 01.07.2021** - **RESPONDENT'S EXHIBITS** - **EXHIBIT R5(A) TRUE COPYOF THE DEED OF PARTNERSHIP EXECUTED ON 23.10.2017 BETWEEN (I) DR.NADAR SHAH ABDULRAHIMAN; (II) DR.RAFEEK M K; (III) DR.NADUKANDI RANDUPURAYIL MOHAMMEDALI; AND (IV) DR. SYED FAZIL C.** **EXHIHT R5(B) TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRMS BEARING No.4515/2017 DATED 17.11.2017 ISSUED BY THE REGISTRAR OF FIRM, THIRUVANANTHAPURAM** -8- W.P.(C). No. 15287 of 2021 **EXHIBIT R5(C)** **TRUE COPY OF THE PARTNERS MEET DATED 23.01.2020** **EXHIBIT R5(D)** **TRUE COPY OF THE PROCEEDINGS OF THE BM HOSPITAL, NILAMBUR PARTNERS MEET DATED 20.2.2021** **EXHIBIT R5(E) TRUE COPY FOT HE RESOLUTION OF THE BM HOSPITAL, NILAMBUR.** **EXHIBIT R5(F)** **TRUE COPY OF THE RESOLUTION DATED 28.2.2021 OF BM HOSPITAL, NILAMBUR** **EXHIBIT R5(G)** **TRUE COPY OF THE ACCOUNTSTATEMENT OF THE ACCOUNT NUMBER 0100043161195001 IN THE CATHOLIC SYRIAN BANK, NILAMBUR BRANCH FOR THE PERIOD 6.5.2021 TO 1.6.2021 ISSUED ON 4.6.2021** **EXHIBIT R5(H) TRUE COPY OF THE RESOLUTION DATED 11.08.2021 OF THE BM HOSPITAL** **EXHIBIT R5(I)** **TRUE COPY OF THE RESOLUTION DATED 11.8.2021 OF THE BM HOSPITAL IS PRODUCED TO GIVE REQUEST TO THE 2ND RESPONDENT TO UPDATE THE CURRENT BANK ACCOUNT.** **EXHIBIT R5(J)** **TRUE COPY OF THE COMMUNICATION SEND BY PETITIONER 'FOR THE PURPOSE OF ACCOUNT UPDATION AT PMJAY'.**