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2018 Supreme(Online)(KER) 58168

HIGH COURT OF KERALA
ANU SIVARAMAN, J
DR BOBBY JACOB – Appellant
Versus
DR RESHMA FRANCIS SENIOR CONSULTANT RADIOLOGIST – Respondent


JUDGMENT

1. This writ petition is filed seeking direction to quash Exhibit P1 application submitted by the 1st respondent before the Lok Adalat and seeking a declaration that a Permanent Lok Adalat has no jurisdiction to take cognizance of Exhibit P1 application as the applicant does not belong to the weaker section of society.

2. The petitioners, who are doctors in the 2nd respondent hospital contend that Exhibit P1 application preferred by the 1st respondent is one raising allegations as to medical negligence and that the Permanent Lok Adalat has no jurisdiction to entertain the same. Relying on Section 12 of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act'), the learned Senior Counsel for the petitioner submits that since the complainant does not belong to the weaker sections of society, no legal service can be made available to him as envisaged under the Act. It is stated that pre-litigation, conciliation and settlement are contemplated in Chapter VIA of the Act and that action taken by the Permanent Lok Adalat to issue notice on Exhibit P1 complaint is completely unjustifiable. It is contented that service in a hospital or dispensary as stated in C

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