Shine Purayidathil Jacob vs State Of Kerala
2023 Latest Caselaw 10435 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                       WP(C) NO. 28825 OF 2023
PETITIONER:

          SHINE PURAYIDATHIL JACOB, WIFE OF ANTONY VARGHESE
          VARGHESE, AGED 50 YEARS, RESIDING AT POOPPALLIL
          HOUSE, KANAKKARY P.O., KANAKKARY, KOTTAYAM, KERALA
          STATE, PIN - 686633

          BY ADVS.
          ABRAHAM GEORGE JACOB
          C.MURALIKRISHNAN (PAYYANUR)
          P.I.RAHEENA
          SHAHNA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA IN
          THE DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE
          P.O., KOTTAYAM, PIN - 686002

    3     REVENUE DIVISIONAL OFFICER
          MINI CIVIL STATION, PALA BYPASS RD,
          PALA, KERALA, PIN - 686575

    4     THE DISTRICT MEDICAL OFFICER, CIVIL STATION,
          COLLECTORATE P.O., KOTTAYAM - 686002.
          (impleaded as per order dated 30.09.2023 in IA
          No.2/2023)

          SRI.P.S.APPU - GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28825 OF 2023
                                  2




                              JUDGMENT

The petitioner says that her husband is now in a comatose

state, due to various medical conditions; and therefore that she has

preferred Ext.P1 application before the third respondent - Revenue

Divisional Officer, under the provisions of Section 14 of the Right

of Persons with Disabilities Act, 2016. Her singular grievance is

that the said Authority has not taken a final decision on Ext.P1

even as of now.

2. The learned Government Pleader - Sri.P.S.Appu, in

response to the afore assertions of Sri.Abraham George Jacob -

learned counsel for the petitioner, submitted that, contrary to the

allegations afore, the RDO has initiated action and is in the process

of settling a final order. He submitted that the same will be issued

not later than two weeks from now.

3. In the afore circumstances and recording the above

submissions of the learned Government Pleader, I direct the third

respondent to ensure that orders on Ext.P1 is issued as per law,

adverting to Ext.P3 certificate of the Medical Board, not later than

two weeks from the date of receipt of a copy of this judgment.

This writ petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 28825 OF 2023

APPENDIX OF WP(C) 28825/2023

PETITIONER EXHIBITS

Exhibit P1 APPLICATION DATED 27/03/2023 SUBMITTED BY THE PETITIONER TO REVENUE DIVISIONAL OFFICER, THE 3RD RESPONDENT.

Exhibit P2 RECEIPT NO. 412/23 DATED 05/04/2023 ISSUED BY THE OFFICE REVENUE DIVISIONAL OFFICER(3RD RESPONDENT)

Exhibit P3 TRUE COPY OF THE REPORT OF THE MEDICAL BOARD AT MEDICAL COLLEGE HOSPITAL KOTTAYAM DATED 28/01/2023 IN RESPECT OF ANTONY VARGHESE SON OF KURIAN VARGHESE