Kerala High Court
P.K.Madhava Warrier vs The Deputy Director (Health ... on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 5353 OF 2023
PETITIONER:
P.K.MADHAVA WARRIER
AGED 73 YEARS
S/O LATE RAMA WARRIER ,
NANDHANAM, 25/87, THOTTINGAL, NURANI.P.O,
PALAKKAD PIN - 678004
BY ADV R.UMASANKAR
RESPONDENTS:
1 THE DEPUTY DIRECTOR (HEALTH SERVICES) AND SUPERINDENT
DISTRICT HOSPITAL, PALAKKAD, PIN - 678001
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH,
SECRETARIAT, THIRUVANANTHAPURAM - ., PIN - 695001
3 THE DISTRICT MEDICAL OFFICER
2ND FLOOR, CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD- ., PIN - 678001
BY ADV GOVERNMENT PLEADER
SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5353 of 2023
2
JUDGMENT
Dated this the 1st day of March, 2023
The petitioner is a social worker claiming to have
participated in various social welfare activities and he is an
ex-ward member of Palakkad Municipality. The relief sought
for by the petitioner is a direction to the 1 st respondent ie.,
the Deputy Director of Health Services to ensure
uninterrupted continuance and functioning of the Regional
Diagnostic Clinic at the District Hospital, Palakkad in the same
way and manner as the Regional Diagnostic Clinic as it was
functioning till 17.01.2023.
2. The case put forth by the petitioner is that the
Hospital Management Committee was running and managing
the Regional Diagnostic Clinic at the District Hospital,
Palakkad and the said clinic had been imparting tremendous
services to the public/patients for clinical testing and for
rapidly getting reports/results, as may be prescribed by the
doctors, at a very low cost. The grievance highlighted by the
petitioner is that, the night shift that was being conducted in
the clinic is now shifted to one of the laboratories within the
hospital and the attempt of the respondents is to merge the
W.P.(C) No.5353 of 2023
clinic with the existing labs which would cause serious
prejudice to the patients and other poor people approaching
the said clinic. It is thus seeking appropriate directions, the
writ petition is filed.
3. Learned Government Pleader on written
instructions, submitted that, the lab in question was
constructed using Central Government funds, and it was
being used as a laboratory, from 13.06.2005. It was under
the control of the superintendent, District Hospital, Palakkad.
It is further pointed out that, both Psc staff as well as
Hospital Management Committee staff are working in the lab.
The Central Government apparently has alloted funds for civil
works as part of upgradation of the lab as integrated public
health lab and equipments are already supplied. It is also
stated that the decision was taken as per the meeting held on
14.06.2022 in the presence of the superintendent- District
Hospital, District Medical Officer, District Program Manager
and central team. It is also stated that the hospital received a
letter from the National Health Mission State Mission Director,
dated 10.02.2023 with direction to commence the civil works
and as per the direction, the site was handed over to the
W.P.(C) No.5353 of 2023
contractor on 13.02.2023, and the work started on
23.02.2023. It is also stated that as part of construction
works for upgradation, the hospital made some internal
arrangements in the working hours of labs to avoid hardships
to the patients and staffs. That is to say the night work
shifted to another lab in the same hospital and functioning
with the same staff; and that all services are continuing as
before and no complaints have so far received from patients
till today. It is further stated that there is no decrease in the
number of cases in the lab after the present arrangement. It
is also stated that the said arrangement was done after
convening a meeting of Medical Officer, lab in charge, DSO
and Senior lab technicians as per the direction of the
Chairperson of the Hospital Management Committee and
decision was taken with the consent of the Chairperson of
the Hospital Management Committee which was informed to
the public also by notice. Anyhow it is stated that the lab will
start functioning as before with more facilities as Integrated
public health lab after completion of the works.
4. I have heard learned counsel for the petitioner,
Sri.R Umasankar, and learned Senior Government Pleader,
W.P.(C) No.5353 of 2023
Smt.Deepa Narayanan, and perused the pleadings and
material on record.
5. The deliberation of the facts made above, make it
clear that it is on the basis of a temporary arrangement for
carrying out the maintenance work on receipt of Central
Government fund the lab is now temporarily shifted to one of
the existing labs attached to the hospital. Any how it is stated
that the work is already awarded and agreement is executed;
a reasonable time is required for completing the works; and
after completion the works the lab would function with more
facilities in the very same premises, wherein it existed.
In that view of the matter, I do not think any further
direction is required than to direct the respondents to
complete the work at the earliest possible and start
functioning of the lab in the premises in question with
existing and added facilities at the earliest possible time.
Accordingly I do so.
The writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY
JUDGE
AP
W.P.(C) No.5353 of 2023
APPENDIX OF WP(C) 5353/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE GOVERNMENT ORDER GO.(MS) NO.
79/2007/LSGD DATED 14.03.2007
Exhibit P2 COPY OF THE REPRESENTATION BEFORE THE
DISTRICT MEDICAL OFFICER DATED 18.01.2023
