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2021 Supreme(Ker) 798

T.R.RAVI
Devi Scans (P) Ltd – Appellant
Versus
State of Kerala, Represented by Its Principal Secretary, Health and Welfare Department – Respondent


Advocates Appeared:
For the Petitioner: Sri P. Ravindran (Sr.), Sri Paul Jacob (P), Sri Sheru Joseph, Sri Adhil Haris.
For the Respondents:Sri K. Gopalakrishna Kurup, Advocate General, Sr. Government Pleader Sri V. Manu, Shri P. Vijayakumar, ASG of India, Sri M. Ajay.

JUDGMENT :

Petitioners in these writ petitions are Diagnostic Laboratories and Research Centres in Kerala, who were conducting various kinds of Covid-19 tests, including RT-PCR tests. Since the prayers in the writ petitions are similar, they are being heard and disposed of together. The exhibits are referred to as they are marked in W.P. (c)No. 10997/2021. The writ petition has been filed seeking to quash Ext.P7 order dated 08.02.2021 and Ext.P10 order dated 30.04.2021, whereby the State has re-fixed the rates of RT-PCR tests chargeable by the private Laboratories in Kerala and Ext.P11 order dated 01.05.2021 issued by the 1st respondent purporting to be under Section 20 read with Sections 24 & 65 of the Disaster Management Act, 2005 to ensure strict adherence to the prescribed rates for RTPCR tests as revised from time to time by the State. There is also a prayer for the issuance of a writ of mandamus directing the 1st respondent to issue necessary guidelines/directions/orders to defray the expenses and reimburse to the private laboratories, the loss suffered by them, below the rate fixed in Ext.P7 order dated 08.02.2021 and to have the same paid at the end of each month on furnishi

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