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2012 Supreme(Online)(KER) 50904

HIGH COURT OF KERALA
ANTONY DOMINIC, J
DR CAPT SANTHOSH KUMAR P U – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Heard the learned counsel for the petitioners, learned Standing Counsel for the first respondent, learned Government Pleader for respondents 2 and 3, learned A.S.G for the fourth respondent and the learned senior counsel for the fifth respondent.

2. First petitioner is an association of Dentists and the second petitioner is a Dental Practitioner. In this writ petition, the grievance of the petitioners is in relation to Exts.P4, P5 and P6 issued by the respondents making the provisions of the Bio- Medical Waste(Management and Handling) Rules, 1998 applicable to the Dental Clinics in Kerala. It is in this background, the petitioners are seeking the following reliefs:

i).To issue a writ of certiorari calling for the records leading to the issuance of Exhibits-P4, P5 and P6 and quash the same to the extent the Government Order and Circulars insist upon production of authorization/registration issued by the first respondent under the Bio-Medical Waste (Management and Handling) Rules, 1998 as a condition for grant of registration, regardless of strength/number of patients;

ii) to declare that Dental clinics with less than 1000 patients per month and having affiliation with IMAGE, f

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