P.A.M.Mohammed Shareef vs State Of Kerala
2021 Latest Caselaw 1808 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.20731 OF 2020(N)


PETITIONER:

               P.A.M.MOHAMMED SHAREEF,
               AGED 65 YEARS,
               PONTHANAL HOUSE, NADACKAL P.O., ERATTUPETTA,
               REPORTER, SUPRABHATHAM DAILY, CENTRAL JUNCTION,
               ERATTUPETTA-686121, KOTTAYAM DISTRICT.

               BY ADV. SRI.V.K.MOHAMMED YOUSUF

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY CHIEF SECRETARY,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

      2        ADDITIONAL CHIEF SECRETARY,
               HEALTH AND FAMILY WELFARE DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3        DIRECTOR,
               DIRECTORATE OF HEALTH SERVICES,
               THIRUVANANTHAPURAM-695035.

      4        DISTRICT MEDICAL OFFICER, (HEALTH)
               DISTRICT MEDICAL OFFICE, KOTTAYAM-686002.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20731 OF 2020(N)

                                     2

                               JUDGMENT

The petitioner, who is a native and

resident of Erattupetta, is aggrieved by the

inaction on the part of the respondents in

implementing the recommendation of the Kerala

State Commission for Minorities in M.C(OP) No.

143/2017 in Ext.P2 order dated 01.01.2019 for

upgradation of Erattupetta Primary Health

Centre as Taluk Hospital.

2. It is stated that subsequent to Ext.P2

order, Ext.P4 proposal was submitted by the

4th respondent for the upgradation and the

respondents are not taking any action even

after various representations.

3. A statement is filed on behalf of the

1st and 2nd respondents stating that the

Primary Health Centre, Erattupetta is located

within a distance of 12 Kms from the General

Hospital, Pala and there is already a Taluk

Hospital, in addition to a Super Speciality WP(C).No.20731 OF 2020(N)

Hospital at Uzhavoor and Taluk Head Quarters

Hospital, Kanjirappally and there is access

for the people of the Erattupetta to all these

hospitals. It is further stated that by

converting the Primary Health Centre to Family

Health Centre under AARDRAM scheme, Government

has already provided facilities like Out

Patient treatment, Laboratory service,

ambulance service etc and there is no

immediate necessity for its upgradation to a

Taluk Hospital.

4. According to the petitioner, the

Primary Health Centre at Erattupetta is

surrounded by several Panchayats with heavy

population and the number of patients visiting

the Primary Health Centre is very large.

According to the petitioner, the Minority

Commission has issued orders considering all

these aspects and proposal was also submitted

considering the necessity for upgradation. It WP(C).No.20731 OF 2020(N)

is stated that 88% of the people belong to

Minority Community and they are financially

backward and there is a large number of

migrant people also.

Though the respondents have filed a

statement pointing out the number of hospitals

in the vicinity of Erattupetta Primary Health

Centre, I dispose of the writ petition with a

direction to the 1st respondent to consider

the claim of the petitioner, after affording

an opportunity of hearing to petitioner, on

the representation Ext.P3 addressed to the

Health Minister and to take a decision

considering the contentions raised, within a

period of three months from the copy of the

judgment. Sd/-

P.V.ASHA JUDGE ww WP(C).No.20731 OF 2020(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF RESOLUTION OF ERATTUPETTA MUNICIPALITY DATED 17.04.2017.

EXHIBIT P2 PHOTOCOPY OF THE ORDER OF KERALA STATE MINORITY COMMISSION IN M.C.(OP)NO.143/2017 DATED 01.01.2019.

EXHIBIT P3 PHOTOCOPY OF REPRESENTATION ADDRESSED TO THE HEALTH MINISTER OF KERALA DATED 23.02.2019.

EXHIBIT P4 PHOTOCOPY OF PROPOSAL DATED 20.08.2019 WITH A COVERING LETTER BY THE 4TH RESPONDENT DATED 07.09.2019.

EXHIBIT P5 PHOTOCOPY OF NEWS REPORT CAME IN MALAYALA MANORAMA DAILY DATED 14.07.2020.

EXHIBIT P6 PHOTOCOPY OF NEWS ITEM CAME IN MALAYALA MANORAMA DAILY DATED 25.08.2020.

EXHIBIT P7 PHOTOCOPY OF THE NEWS ITEM CAME IN MATHRUBHUMI DAILY DATED 09.09.2020.

EXHIBIT P8 PHOTOCOPY OF THE ORDER OF DISTRICT DISASTER MANAGEMENT AUTHORITY & DISTRICT COLLECTOR, KOTTAYAM NO.DM1-2717/2020(1) DATED 4/11/2020.