Naseeba vs State Of Kerala
2024 Latest Caselaw 13178 Ker

Kerala High Court

Naseeba vs State Of Kerala on 23 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 14076 OF 2024
PETITIONERS:

    1       NASEEBA,
            AGED 21 YEARS, 15/266, AUMPILIMALAI, O VALLEY,
            SEAFORTH P.O, GUDALUR, NILGIRIS DISTRICT,
            POST TAMIL NADU - 643 228,
            NOW RESIDING AT PANNIKODAN HOUSE, PALEMAD POST,
            PALLIPADI, UNICHANDAM, MALAPPURAM DISTRICT - 679 331

    2       ASSAINU,
            AGED 31 YEARS, S/O.MARAKKAR,AUMPILIMALAI, O VALLEY,
            SEAFORTH P.O, GUDALUR, NILGIRIS DISTRICT,
            POST TAMIL NADU - 643 228,
            NOW RESIDING AT PANNIKODAN HOUSE, PALEMAD POST,
            PALLIPADI, UNICHANDAM, MALAPPURAM DISTRICT - 679 331

            BY ADV K.M.FIROZ


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF CHILD WELFARE,
            THYCAUD, THIRUVANANTHAPURAM PIN - 695 014
    2       THE DIRECTOR OF MEDICAL EDUCATION,
            DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O,
            THIRUVANANTHAPURAM, PIN - 695 011
    3       THE SUPERINTENDENT OF GOVERNMENT MEDICAL COLLEGE
            HOSPITAL, MANJERI, MALAPPURAM, PIN - 676 121
    4       THE HEAD DEPARTMENT, DEPARTMENT OF OBSTETRICS &
            GYNECOLOGY, MEDICAL COLLEGE HOSPITAL, MANJERI,
            MALAPPURAM - OIN 676 121
    5       UNION OF INDIA, REPRESENTED BY SECRETARY,
            MINISTRY OF WOMEN AND CHILD DEVELOPMENT,
            SASTHRI BHAVAN, NEW DELHI, PIN - 110 001


            SMT. VIDYA KURIAKOSE. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14076 OF 2024
                                        2




                                  T.R.RAVI.J
               -------------------------------------------------------
                          WP(C) No.14076 of 2024
             --------------------------------------------------------
                  Dated this the 23rd day of May, 2024


                                 JUDGMENT

When the case is taken up, it is submitted by the

Government Pleader that pursuant to the order issued,

the medical termination was done and the baby was

born alive but the child could not survive beyond five

days.

The above submission is recorded and the writ

petition is closed.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 14076 OF 2024

APPENDIX OF WP(C) 14076/2024

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE SCAN REPORT DATED 26.03.2024 ISSUED BY ASTER MOTHER HOSPITAL, AREEKODE Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 30.03.2024 ISSUED BY THE DR.SOFIA P.V TO THE PETITIONER (WRONGLY ENTERED AS maGISTRATE, High Court) Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.23775 OF 2020 DATED 5.11.2020 BEFORE THE HONOURABLE HIGH COURT OF KERALA.

RESPONDENT'S EXHIBITS        :   NIL


             //TRUE COPY//             PA TO JUDGE