Kerala High Court
K.S.Muralikrishnan vs The State Of Kerala on 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 16914 OF 2021
PETITIONERS:
1 K.S.MURALIKRISHNAN,
AGED 44 YEARS
ADVOCATE, KADUTHODIL HOUSE, ARUMANOOR P.O., KOTTAYAM
DISTRICT, PIN-686 568.
2 SALINI RAMACHANDRAN,
S/O.A.G.RAMACHANDRAN NAIR, ADVOCATE, SIVASHYLAM HOUSE,
ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN-686 631.
BY ADV O.D.SIVADAS
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT,
GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM, PIN-695 035.
4 THE REGISTRAR OF BIRTH AND DEATH,
(THE DIRECTOR OF PANCHAYAT), PUBLIC OFFICE, PUBLIC
OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.
SRI.V.MANU, SENIOR GOVERNMENT PLEADER FOR RESPONDENTS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.16914 of 2021 2
JUDGMENT
Dated this the 27th day of August, 2021
S. MANIKUMAR, CJ.
Instant public interest writ petition is filed for the following reliefs:
i) Issue a writ of mandamus or any other appropriate writ, order
or direction, to the respondents to re-assess and publish the list
of COVID deaths by including the names of the victims who died
after finding COVID negative, in fact, the death occurred due to
COVID - 19 allied ailments.
ii) Issue a writ of mandamus or any other appropriate writ, order
or direction, to the respondents to issue proper and accurate
death certificates, specifically mentioning the cause of death
arising out of COVID-19 pandemic.
iii) Issue appropriate writ, order or direction, to the respondents
to consider Ext. P2 representation submitted by the petitioners
and pass necessary orders in accordance with Ext. P1 common
judgment in Writ Petition (Civil) Nos. 554 of 2021 and 539 of
2021 dated 30.06.2021 and direct the authorities to issue
simplified guidelines for issuance of Death Certificates/official
document stating the exact cause of death, i.e., "Death due to
Covid-19", to the family members of the deceased who died
due to COVID-19.
2. Shorts facts leading to the writ petition are that instant writ petition is
filed by the petitioners as a Public Interest Litigation seeking for appropriate
directions to the respondents to re-assess COVID deaths happened in the State
of Kerala, since most of the deaths occurred due to the diseases incidental to
COVID-19, are not treated as COVID deaths. According to the petitioners, since
such deaths were not included in the list of COVID deaths, the legal heirs of the
deceased are deprived of their rights admissible to them from the Government
as well as non-Governmental and other charitable organisations. The
publication of COVID death list, incorporating the name of persons, demised
after being found COVID negative, is essential for the proper study, assessment
and analysis of the pandemic situation, according to experts, in this regard.
3. Petitioners have further stated that the Central Government have
already declared COVID-19 as a "notified disaster" under the Disaster
Management Act, 2005. As provided under Section 12 of the Disaster
Management Act, 2005, the National Disaster Management Authority has
already issued general guidelines for "Minimum Standards of Relief". Petitioners
have contended that though Exhibit P2 representation dated 5.7.2021 has been
submitted, along with a copy of Exhibit P1 judgment in this regard, to
respondents 2 to 4, there is no response. Hence, the writ petition.
4. Based on G.O.(Rt.) No.1262/2021/H&FWD dated 14.6.2021,
Mr.V.Manu, learned Senior Government Pleader, submitted that Government
have issued orders in respect of decentralised system of declaration of deaths
due to or associated with COVID-19, at the district level. Submissions were also
sought to be made on the basis of instructions given by the Secretary to the
Government, Health & Family Welfare (F) Department, Government of Kerala,
Thiruvananthapuram dated 27.08.2021.
5. Though the petitioners have sought for several reliefs, as extracted
supra, Mr. O. D. Sivadas, learned counsel for petitioners, submitted that
petitioners would be satisfied if a direction is given to the Principal Secretary,
Health & Family Welfare Department, Government of Kerala,
Thiruvananthapuram - respondent No.2, to consider Exhibit P2 representation
dated 5.7.2021, in accordance with Exhibit P1 common judgment in Writ
Petition (Civil) Nos.554 and 539 of 2021 dated 30.06.2021.
6. As much as the petitioners themselves have restricted the prayers as
stated supra, a direction is given to the Principal Secretary, Health & Family
Welfare Department, Government of Kerala, Thiruvananthapuram - respondent
No.2, to consider and pass appropriate orders on Exhibit P2 representation
dated 5.7.2021, with reference to the Government Order and the instructions,
within a period of three weeks from the date of receipt of a certified copy of
this judgment.
Writ petition is disposed of accordingly.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
smv JUDGE.
APPENDIX OF WP(C) 16914/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT RENDERED
BY THE HON'BLE SUPREME COURT IN WRIT
PETITION (CIVIL) NO.554 OF 2021 AND 539 OF
2021 DATED 30.06.2021.
Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE RESPONDENTS DATED
05.07.2021.
