Kerala High Court
Kerala State Legal Services ... vs State Of Kerala on 30 March, 2023
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 30th day of March 2023 / 9th Chaithra, 1945
WP(C) NO. 181 OF 2021(S)
PETITIONER:
KERALA STATE LEGAL SERVICES AUTHORITY
OFFICE OF THE KERALA STATE LEGAL SERVICES AUTHORITY,
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND, ERNAKULAM,
KOCHI -682 031, REPRESENTED BY ITS MEMBER SECRETARY
MR.K.T.NISAR AHAMMED.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, 6TH FLOOR,
SECRETARIAT ANNEXE-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2. KERALA STATE MENTAL HEALTH AUTHORITY, RED CROSS ROAD,
THIRUVANANTHAPURAM, KERALA-695 035,
REPRESENTED BY ITS CHAIRPERSON.
ADDL. R3 AND R4 ARE SUO MOTU IMPLEADED
ADDL.R3. SECRETARY TO THE GOVERNMENT, MINISTRY OF HEALTH AND FAMILY
WELFARE,UNION OF INDIA, NEW DELHI-1
ADDL.R4. SECRETARY TO THE GOVERNMENT,DEPARTMENT OF DISABILITY
AFFAIRS,MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT,
NEW DELHI-1.
ADDL. R3 AND R4 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 20/01/2021 IN WPC.
P.T.O
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondent to place a status report of the present
status of the State Mental Health Authority and Mental Health Review
Boards and steps taken to constitute the same as per the Mental Health
Care Act,2017, pending disposal of the Writ Petition.
This petition again coming for orders upon perusing the petition
and the affidavit filed in support of WP(C), this Court's Judgment dated
05/02/2021 & order dated 23/02/2022 and upon hearing the arguments of
M/S. SANTHOSH MATHEW, ARUN THOMAS, JENNIS STEPHEN, VIJAY V. PAUL,
KARTHIKA MARIA, ANIL SEBASTIAN PULICKEL, DIVYA SARA GEORGE, JAISY ELZA
JOE, ABI BENNY AREECKAL, LEAH RACHEL NINAN & NANDA SANAL, Advocates for
the petitioner, SRI.N.MANOJ KUMAR, STATE ATTORNEY & SRI.TEKCHAND, SENIOR
GOVERNMENT PLEADER for R1 & R2 and of SMT.MINI GOPINATH, CENTRAL
GOVERNMENT COUNSEL for ADDL.R3 & ADDL.R4, the court passed the
following:
P.T.O
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
===============================================
W. P. (C) No. 181 of 2021
===============================================
Dated this the 30th day of March, 2023
ORDER
S. Manikumar, C. J.
Principal Secretary to the Government, Department of Health &
Family Welfare, Thiruvananthapuram, the 1 st respondent, has filed an
affidavit dated 17.03.2023 in the writ petition, which is reproduced:-
W. P. (C) No. 181 of 2021
W. P. (C) No. 181 of 2021
W. P. (C) No. 181 of 2021
W. P. (C) No. 181 of 2021
W. P. (C) No. 181 of 2021
W. P. (C) No. 181 of 2021
2. As per the above affidavit, proposals for setting up of Mental
Health Review Boards and the expenditure involved are under
progress. In so far as the Mental Health Review Boards at Kottayam,
W. P. (C) No. 181 of 2021
Thrissur and Kozhikode is concerned, it is the specific assertion of the
Principal Secretary to the Government, Department of Health &
Family Welfare, Thiruvananthapuram, the 1st respondent, that the
above Review Boards would be functional by the 4 th week of April,
and the tentative date is fixed as 27.04.2023.
3. Giving due consideration to the steps taken, as explained in
the affidavit of the 1st respondent, we desire and direct that the Mental
Health Review Boards at Thiruvananthapuram and Kannur, should
also be functional within three months from April, and all steps
required for functioning, should be completed by then.
We make it clear that in the light of the above directions, there is
no need to file periodical reports, as directed earlier.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
30-03-2023 /True Copy/ Assistant Registrar
