Kerala High Court
Vinod Mathew Wilson vs State Of Kerala on 15 March, 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
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.18426 OF 2017(S)
PETITIONER:
VINOD MATHEW WILSON
AGED 32 YEARS, S/O.V.G.WILSON,
VAZHAYIL NEDIYARA, ANCHAL, KOLLAM.
BY ADVS.SRI.M.KIRANLAL
SRI.G.KIRAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY,SOCIAL JUSTICE DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.695 001.
2 THE CHAIRMAN
BOARD OF SUPERVISION AND CONTROL OF
ORPHANAGES AND CHARITABLE HOMES, 3RD FLOOR,
VIKAS BHAVAN, THIRUVANANTHAPURAM.
3 THE SECRETARY
CORPORATION OF KOLLAM.
4 THE STATE POLICE CHIEF
KERALA POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM.
5 THE MANAGER
MANAGING COMMITTEE, QUILON POOR HOME
(AGATHIMANDIRAM), MUNDAKKAL WEST, KOLLAM.
SRI.K.V.SOHAN, STATE ATTORNEY & SRI V. TEK CHAND, SR.
G.P. FOR R1,R2 AND R4
SRI.M.K.CHANDRAMOHAN DAS, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.18426 of 2017
2
JUDGMENT
Dated this the 15th day of March, 2021
S.Manikumar, C.J.
The petitioner has sought for the following reliefs:
"i) To issue a writ of Mandamus or any other appropriate writs,
directions or orders directing the 1st Respondent to take steps
to improve the conditions of old age homes and other
charitable homes functioning within the state.
ii) To direct the 1st Respondent to conduct an enquiry as to the
deaths occurred in the Quilon poor home within a period of last
six months including the details of the deceased persons.
iii) To direct the Respondents to provide provisions for proper
food, drinking water and accommodation for inmates of Quilon
poor home.
iv) Issue a direction to the State Government to prescribe scheme
for management of old ages homes including the standards
and services to be provided to the inmates of old age homes
and like institutions."
2. After considering the averments and the documents filed in
support of the prayers sought for, this court has passed interim orders
periodically. Interim order dated 1.3.2021 is extracted hereunder:
"Pursuant to the directions of this court dated 18 th
February, 2021, the Chairman (District Judge), District Legal
Services Authority, has submitted a report to the Registrar
(Judicial), High Court of Kerala, wherein it is stated that the
general condition of the building, rooms etc. of the
Agathimandiram at Mundakkal West, Kollam is satisfactory.
W.P.(C)No.18426 of 2017
Details regarding the basic amenities, number of inmates,
number of staff/attenders and the details of all other
requirements such as food, shelter, medical facilities, etc. are
also furnished in the abovesaid report.
2. Third respondent / Secretary, Corporation of Kollam has
filed an affidavit on 18th February 2021. It is stated in the
affidavit that, at present, there are 116 inmates in the
institution, including 63 males and 53 females. It is also stated
therein that for the betterment of the inmates, third respondent
has undertaken different initiatives under the National Urban
Livelihood Mission (NULM).
3. Mr.K.V.Sohan, learned State Attorney, submitted that
the District Medical Team, which is constituted to enquire into
the matter, will visit the Agathimandiram at Mundakkal West,
Kollam today.
4. Learned State Attorney is directed to file a detailed
inspection report of the Medical Team along with an affidavit
explaining the steps taken by the Government to improve the
basic amenities and other requirements in the Agathimandiram
at Mundakkal West, Kollam; measures taken by the Government
for monitoring, etc."
3. Pursuant to the same, Mr.K.V.Sohan, the learned State Attorney
has filed a report of inspection of the Agathi Mandiram/Government Old
Age Home/Orphanage Home, Mundakkal, Kollam conducted on 1.3.2020
and the same is extracted:
"Report of the Inspection of the Agathi Mandiram/Govt.
Old Age Home/Orphanage Home, Mundakkal, Kollam
W.P.(C)No.18426 of 2017
conducted on 01/03/2021
As per the referred order, an inspection was conducted on
01/03/2021 at 10.30 a.m. under the leadership of officers such
as Dr. Rajesh, Assistant Surgeon, P.H.C, Iravipuram, Dr. Nayana
Vijayan, Assistant Surgeon, U.P.H.C., Mundakkal, Shri. Raju
Thomas, Technical Assistant In Charge, District Medical Office,
Kollam, and Dr, Smt. Binovi Joseph, Health Supervisor (Urban) to
understand the health conditions at the Agathi Mandiram located
at Building No.385, 45th Division, Corporation of Kollam, Kollam
District.
Inmates Male - 63 } Total: 114
Female - 51 }
Keralites - 25
Persons belong to other states - 89
Total number of staff personnel - 15
Health services available to the inmates
1. Under the aegis of the District Team, Mental Health Clinics
are being held twice a month. Medicines and requisite
counselling are also being provided.
2. In case any person has any health issues, the Urban P.H.C. is
alerted of the same and requisite services are provided to
the person.
3. N.C.D. patients are provided the requisite examination, lab
tests, medicines etc. every month at the Urban P.H.C.
Findings from the inspection
1. Except the two women inmates placed in the Sick Room, the
rest of the inmates are keeping good health.
2. The bed rooms and dining rooms of the inmates are kept
hygienic. Food waste is removed through a bio gas plant.
3. Though general hygiene is followed, there are problems
noted.
W.P.(C)No.18426 of 2017
4. The building needs to be painted.
5. The establishment is sanitized regularly.
6. There are enough washing machines for washing clothes.
The washing machines are kept clean.
7. The ventilation in the bedrooms is insufficient.
8. There is not enough distance between the beds due to space
constraints.
9. The kitchen and kitchen utensils are not sufficiently clean.
10. The manhole is ruptured.
Recommendations
1. Bedrooms must be fitted with sufficient ventilation.
2. The distance between the beds must be increased.
3. The building must be painted periodically.
4. The heap of useless items must be removed immediately. If
this is not removed, it will result in the breeding of
mosquitoes and insects.
5. Since the cook does not have a Health Card, the cook was
instructed to get one immediately.
6. Instructed to clorinate the wells twice a month.
7. The kitchen and kitchen utensils must be cleaned in a better
manner.
8. Instructed to repair the ruptured manhole.
The Superintendent of the establishment was given the
necessary instruction to rectify the problems pointed out
immediately."
4. Report of the Chairman of the District Legal Services Authority,
Kollam dated 27.2.2021, addressed to the Registrar (Judicial) of this
court, reads thus:
W.P.(C)No.18426 of 2017
"DISTRICT LEGAL SERVICES AUTHORITY, KOLLAM
2791399 Ph No 0474 -
Pin Code :- 691013
E Mail Id : -
[email protected] Dated 27-02-2021.
From
The Chairman (District Judge)
District Legal Services Authority
Kollam.
To
The Registrar (Judicial)
Hon'ble High Court of Kerala,
Ernakulam.
Sir,
Sub:- DLSA, Kollam - WP (C). No.18426/2017 (5) on the
file of the Hon'ble High Court of Kerala- detailed
report submitting of - reg.
Ref:- 1. Order dated 28-01-2021 of the Hon'ble High Court
of Kerala in WP (C) No.18426/2017 (S).
2. Order dated 18-02-2021 of the Hon'ble High Court
of Kerala in WP (C) N.18426/2017 (S)
In obedience to the reference cited 2 nd above I may submit
the following:
2. It is submitted that the direction of the Hon'ble High
Court was placed in front of me by the Secretary, District Legal
Services Authority, Kollam on 26.02.2021 at 5.10 p.m. Upon
receipt of the direction, I made a surprise visit to the
Agathimandiram, Mundakkal, Kollam on 26-02-2021 at 6.00 p.m.,
along with Sri. Doney Thomas Varghese, Secretary (VC), District
Legal Services Authority, Kollam. The said institution situates in a
double storied building bearing building No.385 in Ward 45 of
Kollam Corporation. The compound of the building is secured with
barbed wire fencing above a tall compound wall. It is understood
W.P.(C)No.18426 of 2017
that the extend of the compound is 56-60 cents. A security
personnel was seen employed at the entrance. The
Superintendent of the said institution, one care taker, one resident
nurse and two cooking staff were also present there at the time of
inspection.
Details of inmates and registers kept etc.
3. At present, there are 114 inmates (63 males and 51
females) in the said institution. Almost all the inmates belong to
middle age group and a few are extremely old. All of them were
found neatly dressed and moderately nourished. It is understood
that none of them are Covid 19 positive now.
4. An office room, dining room for male inmates, kitchen,
store rooms, three wards for male inmates, two toilets blocks and
indoor open area are there in the ground floor. According to the
Superintendent, the institution was started in the year 1952 as a
trust and in 1963, it was registered as a society. The Chairperson
of the Kollam Corporation is its patron and is under the control of
the Social Justice Department, he informed. He also reported that
all the statutory registers as per the guidelines of the Orphanage
Control Board are maintained there. Admission register, stock
register of food item and visitors register showing the regular visit
of Medical Officer were inspected. Land phone and mobile phone
facility is also there in the office.
Facilities for male inmates:
5. The dining space for male inmates in the ground floor is
equipped with adequate benches and desks. The said area is
found neat and tidy. Kitchen, washing area and store room are
also found clean and well arranged. Kitchen is equipped with big
LPG gas stoves, steam rice cooker, steam idli cooker etc. It is also
equipped with bio gas cooking facility. Separate steel plates are
W.P.(C)No.18426 of 2017
neatly arranged for each and every inmates in the dining space.
Hot and cold water dispenser is also available there. There are
two refrigerators.
6. There are three wards for male inmates. Strong iron cots
with mattress and bed sheet are well arranged in all the said
wards. Total number of such beds are 57. All the said wards are
properly ventilated. Mosquito nets are fixed in the windows. Those
wards are electrified and are equipped with sufficient ceiling fans.
All together there are 10 toilets and 6 bathrooms in the ground
floor and all of them are found reasonably clean. Washing
machines are there in the ground floor for washing the cloth of
inmates. Inmates are found well dressed and most of them were
in a pleasant mood. Some of them seems to be mentally ill and
they did not respond to queries. All earnest efforts were taken to
ascertain grievances, if any, of the inmates, but none of them
have any grievance. But a few expressed their desire to go back
to their home. According to the Superintendent, almost all the
inmates were engaged in begging or found wandering in the
streets and were thus brought to the Home by police and other
agencies. Because of this, whereabouts of some of those inmates
are not available, he informed. He said, they were continuously
trying to identify the relatives, and that 7 of them were sent back
to their home during last year.
7. Two male inmates hailing from Tamil Nadu expressed
their desire to go home. One inmate named Thampiraj said, he is
able to do work and he should be permitted to go out. It is learnt
that there are few inmates who have been in the Home for the
last more than 20 years. Necessary instructions were given to the
Secretary in charge to take steps to explore the chances of
identifying their relatives with the help of Tamil Nadu State Legal
W.P.(C)No.18426 of 2017
Services Authority.
Facilities for female inmates :
8. First floor is set apart for female inmates. Two small
wards are set apart in the first floor exclusively for sick inmates.
There are 47 beds for ladies. 5 beds are available in the sick
rooms. One aged lady inmate with a weak body was found there
in the said room and proper care is seen given to her. According to
the Superintendent, she was neglected and abandoned by her kith
and kin and an order was already passed by the Maintenance
Tribunal, Kollam for providing maintenance to her by the children.
It is also informed that despite giving intimation to the SHO,
Eravipuram Police Station, no action was taken on it. Necessary
instruction was given to the Secretary in charge to register her
matter as a Pre Litigation Petition and to refer the same to the
upcoming Lok Adalath.
9. As in the case of male wards, female wards are found
equipped with cots and beds of similar nature and the wards are
found clean and tidy. Wards are electrified and equipped with
sufficient ceiling fans. According to the Superintendent, uniform
was introduced for female inmates, but it is not compulsory. Most
of the inmates are found in uniform and others are also found well
dressed. All of them are found in a pleasant and healthy attitude.
In the first floor, besides two female wards and two sick wards,
there are dining space for female inmates, staff room and toilets.
Dining space in the first floor is akin to that in the ground floor.
There are 9 toilets and 4 bathrooms in the first floor and all of
which are found reasonably clean.
10. Entire building is well maintained. The floor and half of
the wall are tiled with floor tiles, including in the toilets and the
open area in the ground floor. Television sets are there for the
W.P.(C)No.18426 of 2017
recreation of the inmates in two wards in each floor. Here also,
hot and cold water dispenser is available. Separate cupboards are
there in the wards for inmates to keep their wearing apparels.
11. It is reported that there are 14 staff members in the
said institution. They are Superintendent, resident nurse, office
attendant, ambulance driver, cook, assistant cook, care taker (6 in
numbers), cleaners (3 in numbers).
General amenities and other issues
12. A diesel generator is available in the Home. There are
three wheel chairs in the said institution. A well and a borewell are
there in the compound and as per the inmates, there is no issue
of scarcity of water. There are more than 100 chairs for the
inmates. Bio-gas plant is there to manage bio degradable waste. A
seemingly new ambulance van is also available there. It is
informed that the Home has a permanent driver for the said
ambulance. In the front yard of the building, there is a small open
air stage. A walkway with hand rails is provided enclosing the
boundary wall of the compound from inside.
13. As the said building is very old, minor cracks and
damage to plastering are visible in few areas. Some part of such
areas are seen plastered recently. According to the
Superintendent, steps would be initiated for painting the entire
building and the delay was occurred due to the Covid-19 situation.
The open area available in the Home is not sufficient for
recreation and other activities of the inmates. Atleast 1.5 acre of
land is necessary for the overall well being of the inmates.
Grants and source of fund.
14. Besides the annual grant for nearly Rs.3.61 lakhs from
the Social Welfare Department, the institution is accepting
donations from the public. According to the Superintendent
W.P.(C)No.18426 of 2017
Rs.25,00,000/- was given per year by Lulu group for the last four
years. By using the said fund the building was renovated, washing
machines, cots, mattresses, cupboards etc., are purchased, he
informed.
Food, medicine and related aspects
15. The stock register shows that there is no scarcity of
food. 214 kg rice, 8 kg grain etc., are shown in the register. On
inspection of the store room, the entries in the stock register are
more or less found tallying with the actual stock. Medicines for
routine use of the inmates are found under the control of staff
nurse. According to inmates, they are provided with meals thrice
in a day, besides tea and snacks. They said, there is regular visit
of medical personnel, including Psychiatrist from PHC, Chirakkara.
The entries in the Visitors Register are consistent with this version.
According to the Superintendent, Covid pandemic affected almost
all the inmates and the staff, but all of them were recovered.
During last year, only two aged inmates were died and one of
them died during post covid care, he reported.
Conclusion :
16. I may conclude that the general condition of the
building, rooms etc of the said institution is satisfactory. The basic
amenities provided to the inmates are good. Total number of the
inmates at present is 114 (63 males and 51 females). Staff
strength of the Home is also satisfactory. Food, shelter and
medicine supplied to the inmates are generally good. No serious
issues or complaints were noted during my inspection.
However, for the overall well being of the inmates, it is ideal
to provide more open space in the compound. The present extent
of land (56-60 cents) seems to be very inadequate. A more
effective mechanism has to be evolved for helping the inmates to
W.P.(C)No.18426 of 2017
trace out their family members, especially when their mental
condition becomes better after admission in the Home. Necessary
instructions are given to the Secretary in charge of District Legal
Services Authority, Kollam to ensure periodical visit by
PLV/Counselor and the Secretary himself to the said institution, to
ensure legal aid and well being of the inmates.
I am submitting this report for favour of kind consideration.
Yours faithfully,
Sd/-
Chairman (District Judge)"
5. Vide order dated 18.2.2021, we have already extracted the
counter affidavit of the Secretary, Kollam Corporation (respondent No.3).
The Medical team has also submitted a report as extracted supra.
Findings of the inspection shows that except two women inmates placed
in the sick room, the rest of the inmates are keeping good health.
However, the findings of the Medical Team also indicate that certain
aspects such as sanitisation of the building, ventilation and other aspects
stated supra, required correction and that the inspection team has also
made recommendations.
6. While placing on record the report of the District Legal Services
Authority, Kollam District and the recommendations of the Medical Team,
we direct the Secretary, Kollam Corporation (respondent No.3) to comply
with the recommendations in letter and spirit and rectify all the
deficiencies noticed, within two months from the date of receipt of a
W.P.(C)No.18426 of 2017
copy of this judgment. Chairman, District Legal Services Authority,
Kollam shall cause inspection of the Agathi Mandiram/Government Old
Age Home/Orphanage Home, Mundakkal, Kollam.
Writ petition is disposed of with the above directions. Registry is
directed to post the writ petition after three months for submission of
compliance report by the Secretary of Kollam Corporation as well as the
Chairman of the District Legal Services Authority, Kollam. At this
juncture, we only observe that the Secretary of Kollam Corporation, to
rectify the defects noticed, as recommended by the Medical Inspection
Team, in letter and spirit, without giving room to further litigation.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.18426 of 2017
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOGRAPHS OF PATHETIC CONDITIONS
ABSORBED BY THE PETITIONER IN HIS CAMERA
AND PRINTED AS PHOTOS.
EXHIBIT P2 A TRUE COPY OF THE LIST OF THE OLD AGE
HOMES IN KOLLAM
EXHIBIT P3 A TRUE COPY OF THE NEWSPAPER REPORT IN THE
MALAYALAM DAILY DATED 24.5.2017.
EXHIBIT P3(A) ENGLISH TRANSLATION OF EXHIBIT P3.
EXHIBIT P4 A TRUE COPY OF THE WEB PAGE OF SOCIAL
JUSTICE DEPARTMENT GOVERNMENT OF KERALA.
/TRUE COPY/
P.A. TO JUDGE
