Kerala High Court

Mosque Road Residents ... vs The State Of Kerala on 23 February, 2022

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943
                    WP(C) NO. 11510 OF 2021
PETITIONER:

         MOSQUE ROAD RESIDENTS' ASSOCIATION
         REGD NO. EKM/TC 706/2013, MARADU REPRESENTED BY
         ITS SECRETARY I.G. ARULDAS, AGED 64 YEARS ,
         S/O. GOVINDAN, INJAKKAL HOUSE, MOSQUE ROAD,
         MARADU P.O., 682 304, ERNAKULAM.

         BY ADVS.
         K.A.ANISH
         PRAMOJ ABRAHAM


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001.
    2    DIRECTOR OF HEALTH SERVICES,
         DIRECTORATE OF HEALTH SERVICS,
         GENERAL HOSPITAL JUNCTION,
         THIRUVANANTHAPURAM 695 035.
    3    THE DISTRICT MEDICAL OFFICER,
         PARK AVENUE, MARINE DRIVE,
         ERNAKULAM 682 011.
    4    THE MARADU MUNICIPALITY
         REPRESENTED BY ITS SECRETARY,
         MARADU 682 304.
    5    THE MEDICAL OFFICER,
         PRIMARY HEALTH CENTER, VALANTHAKAD,
         MARADU, 682 304.
 W.P.(C) No.11510/2021
                            :2:


 ADDL.6   T K S ROAD RESIDENTS ASSOCIATION,
          REGD NO.ER-339/11,MARADU,REPRESENTED BY IT'S
          PRESIDENT,MR.M.V ULLAS,AGEED 56
          YEARS,S/O.VELAYUDHAN,MEPPASSERY HOSE,TKS
          ROAD,INCHAKKAL,MARADU,PIN 682 304,ERNAKULAM
          DISTRICT.
          (ADDL. RESPONDENT NO.6 IS IMPLEADED AS PER
          ORDER DATED 20-07-2021 IN IA NO.1/2021.)
 ADDL.7   MEKHALA UNION OF RESIDENTS' ASSOCIATION(MURA),
          REPRESENTED BY IT'S CONVENOR,P.D SARATH
          CHANDRAN,S/O.LATE DIVAKARAN,ILLIKKAL HOUSE,
          MOSQUE ROAD,MARADU,PIN 6820304,
          ERNAKULAM DISTRICT
          (ADDL. RESPONDENT NO.7 IS IMPLEADED AS PER
          ORDER DATED 20-07-2021 IN IA NO.2/2021.)

          BY ADVS.
          SHRI.T.R.RAJAN, SC, MARADU MUNICIPALITY
          ELDO KURIAKOSE FOR R6
          T.A.RAFEEK (CHERTHALA) FOR R7
          SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 23.02.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.11510/2021
                                       :3:




                           N. NAGARESH, J.

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                      W.P.(C) No.11510 of 2021

          `````````````````````````````````````````````````````````````
             Dated this the 23rd day of February, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, an Association of Residents of

Mosque Road, Maradu, seeks to direct respondents 1 to 5 to

take effective steps to shift the Headquarters of the Primary

Health Centre from Valanthakad to Sub Centre situated in

Division 20 of Maradu Municipality and to make available the

service of Senior Doctor on a daily basis in the Sub Centre in

Division No.20 of the Municipality.

2. The petitioner states that the 4th respondent-

Maradu Municipality has 33 Divisions. Division Nos.1 to 22

come within Maradu area and Nos.23 to 33 within Nettoor

area. Within Maradu Municipality, there are two Primary

Health Centres (PHC), one at Nettoor and other at W.P.(C) No.11510/2021

Valanthakad Island which is part of Division No.22. The PHC

in Maradu area which is situated in Valanthakad Island, is not

accessible to majority of persons since it is situated in an

Island. There is a Sub Centre of the PHC, Valanthakad in

Division No.20. The said Sub Centre has been recently

renovated spending ₹42 lakhs.

3. The Doctor at PHC Valanthakkad has been

examining patients at the Sub Centre two days a week. After

renovation, that practice has stopped. There was attempt to

convert the Sub Centre as residential quarters of Junior

Doctor. When people protested, the Junior Doctor got

himself/herself relieved by obtaining transfer. The post of

Junior Doctor is vacant now. The Sub Centre was used as

Covid Quarantine Centre. Now, the Sub Centre is used only

as Vaccination Centre.

4. Patients in Maradu area have to consult Doctor

over phone and depend on the Asha Worker to deliver

medicines. The Asha Worker has to go to Valanthakad

Island by boat to collect medicines. During rough weather, W.P.(C) No.11510/2021

country boats will not be available to go to the Island.

Delivery of Medicines is delayed frequently. There is no

personal attention by Doctors and treatment is reduced to a

mockery. The Sub Centre at Divison No.20 has to be

rejuvenated. There are only 44 families in Valanthakad Island

where the PHC is situated. If the PHC is shifted to Ward

No.20, ie. if the Sub Centre in Division 20 is made the main

PHC, it would be beneficial to a large number of families.

5. The petitioner submitted Ext.P1 request to the 4 th

respondent-Municipality in this regard. The 4th respondent did

not take any steps. Exts.P3 and P4 representations were

submitted to the Health Minister. Those representations also

did not yield any result. Now, Covid-19 cases are shooting up

and death toll is increasing in Division Nos.20, 21 and 22.

Therefore, unless this Court interferes in the matter and

gives appropriate directions, the petitioner and general public

in the locality will be put to great difficulties, contended the

petitioner.

W.P.(C) No.11510/2021

6. The TKS Road Residents' Association got

impleaded in the writ petition as additional respondent No.6

and Meghala Union of Residents' Association as additional

respondent No.7. The additional respondents 6 and 7

supported the writ petition and stated that service of a

medical practitioner should be made available in the Sub

Centre at Division No.20 at least for three days a week

immediately.

7. The 5th respondent-Medical Officer filed a counter

affidavit. The 5th respondent stated that the Valanthakad

PHC is providing service to people residing in 13 Divisions of

Maradu Muncipality including the residents of Valanthakad

Island. A tribal colony is situated within the limits of the PHC.

The area of the PHC is notified as difficult rural area by the

Health Department. Only one Doctor and one Pharmacist is

appointed in the PHC. There is a Floating Dispensary under

the National Health Mission Scheme effectively functioning

under the PHC, Valanthakad.

W.P.(C) No.11510/2021

8. The 5th respondent stated that there are three Sub

Centres under the Valanthakad PHC. The Maradu Sub

Centre in Division No.20 is one of the Sub Centres. The Sub

Centre in Division No.20 was renovated, constructing a new

building. The service of a Doctor is not available in the Sub

Centre except during vaccination time. The 5 th respondent

stated that the formation of Sub Centre in a locality is

intended for certain special activities only, which are limited

in nature. The Sub Centres are established for the purpose

of promoting the health of children and pregnant women.

9. The Maradu Sub Centre is functioning in Division

No.20 of Maradu Municipality. From the Maradu Sub Centre

to the PHC at Valanthakad, the distance is only 1 Km. The

distance between the Maradu Sub Centre to Taluk

Headquarters Hospital, Tripunithura is only 3 Km. Floating

Dispensary of Division No.19 and Division No.21, is available

one day in a week. The 5th respondent stated that delivering

medicine to patients at their homes is not the primary

function of the Primary Health Centre. The said service was W.P.(C) No.11510/2021

provided only due to Covid-19 pandemic. A Primary Health

Centre or Sub Centre is not intended for providing any

personal medical attention to patients. Establishment of a

Hospital with the Doctor, at the Sub Centre at Division No.20,

is it a matter to be decided at Government level. It is a policy

matter. The Sub Centre now functioning is serving its

purpose effectively. The writ petition is therefore without any

merit, contended the learned counsel for the 5th respondent.

10. I have heard the learned counsel for the petitioner,

the learned Government Pleader and the learned counsel

representing additional respondents 6 and 7.

11. In brief, the grievance of the petitioner is that the

Sub Centre functioning in Division No.20 of Maradu

Municipality is not functioning properly inasmuch as there is

no Doctor attached to the Sub Centre. The PHC to which the

Sub Centre is attached, is functioning in an Island where

there are only 44 families. Shifting of the PHC to Division

No.20 where the Sub Centre is functioning now, would be

beneficial to a large number of residents in Maradu W.P.(C) No.11510/2021

Municipality.

12. The specific reply of the 5 th respondent in this

regard as contained in the counter affidavit is that the

Primary Health Centres are intended only to provide limited

service to the citizens. The primary aim of PHCs is to take

care of the health of women and children. Doctor was

deputed to the Sub Centre in view of the Covid-19 pandemic

situation. This Court is of the view that when PHCs are

intended to provide only limited services, the petitioners

cannot insist that a Doctor should be deputed to the Sub

Centre on a permanent basis.

13. As regards the prayer of the petitioner to shift the

PHC to the Sub Centre in Division No.20, it has to be noted

that the present location of the PHC is in Valanthakad Island,

where there are 44 families living, even according to the

petitioner. It will be difficult for the Islanders to reach

hospitals in the mainland during emergencies. The distance

between the Sub Centre and the PHC is only one kilometre.

The distance from the Sub Centre to the Taluk Headquarters W.P.(C) No.11510/2021

Hospital is only 3 Km. In the circumstances, the petitioner

cannot insist that the PHC in the Valanthakad Island should

be shifted to Division No.20 where the Sub Centre is

functioning.

14. Requirement of a Hospital or a PHC with more

facilities including services of a Doctor, is a policy matter and

the decision has to come from the Executive Government. In

the facts and circumstances of the case, this Court finds no

reason to issue a writ of Mandamus in this writ petition.

The writ petition is disposed of granting liberty to

the petitioner to raise the issue and prosecute the matter

before appropriate authorities.

Sd/-

N. NAGARESH, JUDGE aks/21.02.2022 W.P.(C) No.11510/2021

APPENDIX OF WP(C) 11510/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUEST DATED 20.08.2020 MADE BY THE PETITIONER.

Exhibit P1(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P-

Exhibit P2 TRUE COPY OF THE RECEIPT OF THE REQUEST DATED 20.08.2020 ISSUED BY THE 3RD RESPONDENT MUNICIPALITY.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04.08.2020.

Exhibit P3(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P3.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13.05.2021.

Exhibit P4(A) TRUE ENGLISH TRANSALTION OF EXHIBIT P4.

Exhibit P5              TRUE COPY OF THE APPLICATION UNDER
                        RIGHT   TO   INFORMATION      ACT   DATED
                        29/09/2021      SUBMITTED      TO     3RD
                        RESPONDENT.
Exhibit P6              TRUE   COPY    OF    THE    REPLY   DATED
                        30/10/2021    ISSUED     BY     THE   3RD
                        RESPONDENT.
Exhibit P6(a)           TRUE   COPY   OF    THE    REPRESENTATION
                        SUBMITTED BY THE NATIVES OF MARADU

BEFORE MEMBER OF LEGISLATIVE ASSEMBLY. Exhibit P7 TRUE COPY OF THE REPLY DATED 30/10/2021 ISSUED BY 5TH RESPONDENT.

Exhibit P8 TRUE COPY OF LETTER DATED 21/01/2021 ISSUED BY 3RD RESPONDENT TO MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTER, NETTOOR.

Exhibit P9 PHOTOGRAPH OF THE MONUMENTAL PLAQUE OF THE SUB CENTER.

Exhibit P10             TRUE COPY OF THE APPLICATION UNDER
                        RIGHT   TO   INFORMATION      ACT   DATED
                        05/07/2021.
 W.P.(C) No.11510/2021



Exhibit P11             TRUE   COPY     OF    THE     REPLY   DATED
                        28/07/2021     ISSUED      BY    THE    3RD
                        RESPONDENT.
Exhibit P12             A TRUE COPY OF THE SAID REPLY DATED
                        16/8/2021     ISSUED      BY     THE    5TH
                        RESPONDENT.
Exhibit P13             A TRUE COPY OF THE DEATH CERTIFICATED

DATED 23/07/2021 ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA.

RESPONDENT'S EXTS: