Forum For Social Justice vs State Of Kerala
2021 Latest Caselaw 17720 Ker

                              -1-

            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. 5146 OF 2018
PETITIONER/S:

          FORUM FOR SOCIAL JUSTICE
          REG. NO.TVM/TC/503/2016, THOROTTUKONAM, T.C
          NO.6/1582, THURUVICKAL P.O, AAKKULAM,
          THIRUVANANTHAPURAM - 695 011
          REPRESENTED BY ITS SECRETARY, A SATHYAN.
          BY ADVS.
          SRI.ROSHEN.D.ALEXANDER
          SMT.TINA ALEX THOMAS


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO STATE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
    2     STATE POLICE CHIEF KERALA
          POLICE HEAD QUARTERS, VELLAYAMBALAM,
          THIRUVANANTHAPURAM- 695 010.
    3     UNITED NURSES ASSOCIATION
          UN STATE COMMITTEE OFFICE, DOOR NO. 26/548/9 2ND
          FLOOR, CAPITAL CITY KORAPPATH LANE, CHEMBOOKAVU P.O,
          THRISSUR - 680 020. REPRESENTED BY ITS STATE
          PRESIDENT.
          SRI.N.MANOJ KUMAR, STATE ATTORNEY FOR R1 AND R2




     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. 5146 of 2018             -2-




                               JUDGMENT

S. Manikumar, C. J.

Instant writ petition has been filed for the following reliefs:-

"i. Issue a writ in the nature mandamus or other appropriate writ, order or direction directing the 3rd Respondent, its office bearers and its members not to indulge in an absolute strike on 15.02.2018 or on a later date without providing adequate alternate facilities for inpatients, Intensive Care units, Critical Care Units, Causalities, Emergency rooms, Operation Theatres, Dialysis Units etc in Hospitals.

ii. Issue a writ in the nature of a mandamus or other appropriate writ, order or direction directing the 1st Respondent to exercise its powers under Section 3 of the Kerala Essential Services Maintenance Act, 1994 and prohibit the strike declared by the 3rd Respondent.

iii. Issue a writ in the nature of a mandamus or other appropriate writ, order or direction directing the 1st Respondent to ensure that provision of health care service is not interrupted by the 3rd Respondent, its office bearers or its members in any manner whatsoever on 15.02.2018 or any later date.

iv. Issue a writ in the nature of a declaration declaring that the absolute strike declared by the 3rd Respondent is illegal

as it is violative of the right to life of the public at large.

v. Issue appropriate proceedings against the 3rd Respondent, its members and volunteers for blatant violation of the peremptory directions/ declarations issued by this Hon'ble Court in 2010(3) KLT 86, 2010(3) KLT 757 and 2012(2) KLT 143 by blocking the National Highway (NH 47) in the protest staged by them on 11.02.2018."

2. On this day, when the matter came up for hearing, Mr. Roshen

D. Alexander, learned counsel for the petitioner, submitted that the

writ petition has become infructuous.

Placing on record the same, writ petition is dismissed as

infructuous.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE