Kerala High Court
The State Of Kerala vs Manoj.M on 13 July, 2021
WA No.2151/2017 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 13th day of July 2021 / 22nd Ashadha, 1943
IA.NO.1/2021 IN WA NO. 2151 OF 2017
AGAINST JUDGMENT DATED 22.09.2016 IN W.P.(C)NO.21897/2016 OF THIS COURT
APPLICANTS/APPELLANTS IN WA:
1.THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM- 695 001.
RESPONDENTS/RESPONDENTS IN WA:
1. MANOJ.M, MANGATT HOUSE, MEZHATHUR P.O, TRITHALA(VIA), PALAKKAD
DISTRICT-679534.
2. THE KERALA SOCIAL SECURITY MISSION REPRESENTED BY ITS EXECUTIVE
DIRECTOR, POOJAPPURA, THIRUVANANTHAPURAM-695001.
3. THE KERALA MEDICAL SERVICES CORPORATION LTD. REPRESENTED BY ITS
MANAGING DIRECTOR, THYCAUD P.O, THIRUVANANTHAPURAM-695014.
4. UNION OF INDIA REPRESENTED BY ITS SECRETARY, HEALTH & FAMILY WELFARE
DEPARTMENT, CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110011.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant a further
period of six months time from 20.02.2021 for complying with the
directions contained in the order dated 20.01.2021 in WA No.2151 of 2017
pertaining to the deposit of Rs.50 Lakhs in the Special Account Created,
in the interest of justice.
This Application coming on for orders along with connected case on
13.07.2021 upon perusing the application and the affidavit filed in
support thereof, and upon hearing the arguments of SENIOR GOVERNMENT
PLEADER for the applicants and of SRI.T.R.HARIKUMAR, Advocate for R1,
SRI.ELVIN PETER.P.J., STANDING COUNSEL for R2, SRI.M.AJAY, STANDING
COUNSEL for R3, SRI.RAJAGOPALAN A., Advocate for R4, Sri.M. GOPIKRISHNAN
NAMBIAR representing Oil Companies/ Public Sector Undertakings (By Court
Order) and of Sri.THOMAS ABRAHAM, President of the Kerala High Court
Advocates Association (By Court Order), the court passed the following:
(PTO)
WA No.2151/2017 2/4
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.P.(C).No.28250 OF 2017
and
W.A.No.2151 of 2017
---------------------------------------------------------
Dated this the 13th day of July, 2021.
ORDER
S. MANIKUMAR, CJ
I.A.No.1/2021 in W.A.No.2151 of 2017
Sri.M.R.Sabu, learned Senior Government Pleader,
explained reasons for not depositing Rs.50 lakhs in the special
account as per order dated 21.01.2021 in W.A.No.2151/2021.
I.A.No.1/2021 has been filed on 18.06.2021, seeking for
extension of six month's time from 20.02.2021. We are not
inclined to accept the reasons stated for extension of time.
2. Considering the urgent need for requirement of purchase
of medicines to be administered to the children effected with
rare diseases, we direct the Principal Secretary to the
Government, Health and Family Welfare Department, to deposit
the amount as ordered and file a compliance report by
22.07.2021, failing which, appropriate orders will be issued.
W.P.(C).No.28250 OF 2017
Though, this Court has taken initiative for creating separate
Corpus for providing treatment to the children effected with rare
diseases and expected contribution from the voluntary non-
WA No.2151/2017 3/4
W.P.(C) No.28250 OF 2017 & W.A.No.2151 of 2017
government organizations, learned judicial officers, learned
Advocates and others, a less amount of contribution is received.
2. However, it is heartening to know that a sum of
Rs.2,88,720/- (Rupees Two Lakhs Eighty Eight Thousand Seven
Hundred and Twenty only) has been contributed by the officers
and staff of the High Court of Kerala for providing financial aid to
the children in the State of Kerala suffering from rare diseases.
3. This Court places on record, the concern and generosity
of the officers and staff of the High Court of Kerala.
4. We also place on record, that the following service
associations of the High Court of Kerala, namely; Kerala High
Court Gazetted Officers' Association, Kerala High Court Staff
Association, Kerala High Court Private Secretaries to Judges and
Personal Assistants to Judges' Association, Kerala High Court Staff
Federation, Kerala High Court Typist-Copyist's Association, Kerala
High Court Chauffeurs' Association and Kerala High Court
Employees' Union have contributed, for the noble cause.
5. Mr. Adithya Rajeev, Learned Counsel for the petitioner, has
WA No.2151/2017 4/4
W.P.(C) No.28250 OF 2017 & W.A.No.2151 of 2017
brought to the notice of this Court that the Central Government
has come out with a new policy, for rare diseases.
6. Smt. Seena, appearing on behalf of Sri. A.Rajagopalan,
learned Counsel for the Central Government, is directed to get
instructions as to whether the National Policy for Treatment of
Rare Diseases (NPTRD), 2021, has been approved by the ministry.
She is further directed to get instructions as to whether all the
rare diseases have been included in the policy for financial
assistance to the State Governments.
7. Registry is directed to show the name of the President of
the Kerala High Court Advocates Association, Sri. Thomas
Abraham, in the cause list.
Post on 22.07.2021. Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
JUDGE
uu/13.07.2021
13-07-2021 /True Copy/ Assistant Registrar
