Rajendra Prasad vs State Of Kerala
2021 Latest Caselaw 13216 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943

                         WP(C) NO. 17321 OF 2012

PETITIONER/S:

           RAJENDRA PRASAD
           AGED 48 YEARS
           S/O. LATE A SUKUMARAN, RESIDING AT ARATHI, THEKKUMBHAGOM
           THRIPUNITHURA.P.O, PRESIDENT OF THMAPU (NATIONAL TRUST FOR
           TRIBAL EDUCATION DEVELOPMENT AND RESEARCH) HAVING ITS
           REGISTERED OFFICE AT SHASTHA TEMPLE ROAD, KALOOR, KOCHI
           -17.
           BY ADV SANDHYA RAJU


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY ITS PRINICIPAL SECRETARY, MINISTRY OF HEALTH
           AND FAMILY WELFARE, ADDL. CHARGE MISSION DIRECTOR
           (NATIONAL RURAL HEALTH MISSION), DIRECTORATE OF HEALTH
           SERVICES, GENERAL HOSPITAL JUNCTION, TRIVANDRUM - 695 035.
     2     MINISTRY OF WELFARE OF SCHEDULED CASTE AND SCHEDULED
           TRIBES,
           SECRETARIAT, TRIVANDRUM - 695 001.
     3     DIRECTOR
           DIRECTORATE OF HEALTH, GENERAL HOSPITAL COMPOUND,
           TRIVANDRUM- 695 035.
     4     DISTRICT MEDICAL OFFICER
           MANANTHAWADI, WAYANAD - 670 645.




           SRI. K.V.PRAKASHAN, SPL. GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.06.2021,THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 17321/2012              :2:




                Dated this the 24th day of June, 2021.

                               JUDGMENT

SHAJI P. CHALY, J.

This is a Public Interest Litigation filed for and on behalf of the

National Trust for Tribal Education, Development and Research by its

President.

2. The grievance highlighted by the petitioner is in respect of the

sufferings faced by the tribal people of the Attapady tribal colony having

a population of 68000 in Palakkad District due to want of medical and

other facilities. The main contention advanced is that there is no proper

medical facility available anywhere near the tribal colony, which causes

serious prejudice and irreparable injury to the residents of the tribal

colony.

3. In fact, we have considered the issue of the difficulties faced by

the tribal people at Attapady in yet another Public Interest Litigation

namely W.P.(C) No. 31574 of 2014 and issued certain directions. Since

the subject matter in this writ petition is more or less similar in nature

and since we have taken care of the issues agitated herein by issuing

appropriate directions to ensure medical facilities, this writ petition need

not be dealt with on merits and it would suffice, if this writ petition is

disposed of recording the above aspects. In the said writ petition, we

have issued the following directions:

"12. Having heard respective counsel across the bar and perusing the pleadings and materials on record, the writ petition is disposed of:

1) directing the Nodal Officer appointed by the State Government, to take adequate steps as per order, GO(Rt.) No. 2541/2020/HOME dated 30.10.2020 to ensure that the remaining construction works and other activities as undertaken and assured to be undertaken under various schemes of the State and the Central Government are completed within a period of four months from the date of receipt of a copy of this judgment.

2) The Nodal Officer is directed to convene periodical meetings of all the stakeholders so as to ensure the proper functioning of the hospital and other activities undertaken by the Public Works and other Departments without fail.

3) The arrears of payments due to the tribals under any schemes shall be paid within one month, and all other payments shall be made as and when it falls due.

4) The nodal officer shall take effective and adequate steps to abate the nuisance of supplying substance, liquor and illicit liquor to the students and the tribals and to prevent any exploitation on the basis of the same .

5) The Nodal officer shall coordinate supply of all essentials, including food materials and water, to the tribals in accordance with the system prevailing or hereafter made uninterruptedly .

6) It shall be ensured that the medicines aresupplied to the hospital uninterruptedly, and the day to day maintenance activities of the tribal hospital are carried out without fail .

7) The State Government shall take steps at the earliest possible to develop a scheme for the construction of staff quarters so as to ensure service of doctors and health workers round the clock to the tribals and the needy.

8) The Nodal officer shall coordinate sufficient transport facilities appropriately and for urgent requirements of the tribals .

9) All other defects noted in the report of the monitoring committee remain to be rectified, and assured to be rectified shall be rectified at the earliest possible time.

Writ petition is accordingly disposed of with the above observations and directions, and also making it clear that any failure to implement the directions brought to our notice would be viewed seriously."

4. On a perusal of the directions contained above, it is clear that

we have directed the State Government and the officials to do the

necessary so as to ensure better medical facility to the people of the

Attapady tribal colony.

In that view of the matter, this writ petition is disposed of in terms

of the judgment in W.P.(C) No. 31574 of 2014.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONER'S ANNEXURES:

Exhibit P1 A COPY OF THE RIGHT TO INFORMATION ADDRESSED TO THE GOVT. TALUK HOSPITAL MANARKADU ALONG WITH THE REPLY WITH ENGLISH TRANSLATION.

Exhibit P2 A COPY OF THE RIGHT TO INFORMATION APPLICATION ADDRESSED TO THE GOVT.DISTRICT HOSPITAL PALAKKAD ALONG WITH THE REPLY WITH ENGLISH TRANSLATION. Exhibit P3 A COPY OF THE INFORMATION OBTAINED THROUGH RIGHT TO INFORMATION WITH ENGLISH TRANSLATION. Exhibit P4 A COPY OF THE REPRESENTATION PREFERRED TO THE CHIEF MINISTER DATED 11.04.2012 WITH ENGLISH TRANSLATION.

Exhibit P5 A COPY OF THE REPRESENTATION PREFERRED TO THE CHIEF MINISTER DATED 25.06.2012 WITH ENGLISH TRANSLATION.

Exhibit P6 A COPY OF THE REPRESENTATION PREFERRED TO THE HEALTH MINISTER BY THE TRIBAL CHIEFS DATED 23.06.2012 WITH ENGLISH TRANSLATION. Exhibit P7 A COPY OF THE NEWSPAPER REPORT DATED 18TH JULY 2012.

Exhibit P8 A COPY OF THE NEWSPAPER REPORT FROM THE MADHYAMAM DAILY DATED 9TH JANUARY 2011 WITH ENGLISH TRANSLATION.

Exhibit P9 A COPY OF THE NEWS PAPER REPORT IN MALAYALA MANORAMA DATED 16.07.2012 & 17.07.2012 WITH ENGLISH TRANSLATION.

Exhibit P10 A COPY OF THE EDITORIAL WITH RESPECT TO THE CONDITION IN THE MALAYALA MANORAMA DAILY DATED 18.07.2012 WITH ENGLISH TRANSLATION. Exhibit R4(a) TRUE COPY OF THE AUDIT REPORT OF GTSH, KOTTATHARA.

Exhibit R4() A TRUE COPY OF THE REPLY OF DR.JIJUMON. Exhibit R4(c) A TRUE COPY OF THE REPLY OF DR.A.J.RAJESH. Exhibit R4(d) A TRUE COPY OF THE REPLY OF DR.IBRAHIM K.T. Exhibit R4(e) A TRUE COPY OF THE REPLY OF DR.REJISH ANTONY. Exhibit R4(f) A TRUE COPY OF THE DETAILS OF THE PROPOSALS Exhibit R4(g) A TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.

(MS).91/08/SC ST DD DATED 18.09.2008. Exhibit R4(h) A TRUE COPY OF THE GOVERNMENT ORDER NO.45/07/SC STT DD DATED 13.08.2007.

EXHIBIT R1(a)` TRUE COPY OF THE REPORT FORWARDED TO THE KERALA STATE HUMAN RIGHTS COMMISSION ON 12.09.2013. RESPONDENTS' EXHIBITS: NIL

/True Copy/