Sujatha K vs District Reproductive & Child Health ...
2024 Latest Caselaw 29598 Ker

Kerala High Court

Sujatha K vs District Reproductive & Child Health ... on 17 October, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         Thursday, the 17th day of October 2024 / 25th Aswina, 1946
                             WA NO. 1358 OF 2024
  AGAINST THE JUDGMENT DATED 13.08.2024 IN WP(C) 28804/2024 OF THIS COURT
APPELLANT(S)/PETITIONER NO.2:

     SUJATHA K, AGED 48 YEARS, W/O. KAVIRAJ. P.V,
     PUTHENPARAMPIL,AYINDOOR, OTTAPOKKU, P.O. EDAVANNA, MALAPPURAM
     DISTRICT, PIN - 676541

BY ADV.SRI.ABDUL RAOOF PALLIPATH

RESPONDENT(S)/RESPONDENTS AND PETITIONER NO.1:

  1. DISTRICT REPRODUCTIVE & CHILD HEALTH (RCH) OFFICER DEPUTY DISTRICT
     MEDICAL OFFICE-HEALTH, 23QH=C2F, CIVIL STATION ROAD. UP HILL,
     MALAPPURAM, PIN - 676505
  2. REGISTRAR, KERALA STATE MEDICAL COUNCIL MODERN MEDICINE COMBINED
     COUNCIL BUILDING RED CROSS ROAD, NEAR CENTRAL HOSPITAL
     THIRUVANANTHAPURAM, PIN - 695035
  3. THE CHAIRMAN, MEDICAL COUNCIL OF INDIA POCKET- 14, SECTOR -8,
     DWARAKA PHASE -I NEW DELHI, PIN - 110077
  4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HEALTH AND FAMILY
     WELFARE SECRETARIAT, THIRUVANANTHAPURAM. THIRUVANANTHAPURAM, PIN -
     695001
  5. KAVIRAJ. P.V, AGED 57 YEARS S/O. VASUDEVAN, PUTHENPARAMPIL,AYINDOOR,
     OTTAPOKKU, P.O., EDAVANNA,MALAPPURAM DISTRICT

BY GOVERNMENT PLEADER FOR R1 AND R4

ADV.SRI.VIVEK MENON FOR R2

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to permit the appellant to avail assisted reproductive treatment like In
Vitro Fertilisation or such other method notwithstanding the fact that the
5th respondent has crossed 55 years the upper age limit fixed in S.21(g)
of Art Act 2021 pending decision in the writ petition.
     This Writ appeal coming on for orders on 17.10.2024, upon perusing
the appeal memorandum , the court on the same day passed the following:
                    ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
                   -----------------------------------------------------
                                 W.A.No.1358 of 2024
                  --------------------------------------------------------
                      Dated this the 17th day of October, 2024

                                         ORDER

Anil K. Narendran, J

This is an application filed by the appellant seeking an order

to amend the writ appeal as stated in the interlocutory application.

2. Heard the learned counsel on both sides.

3. I.A. allowed as prayed for.

4. Appellant to file amended writ appeal within a week.

List along with Writ Appeal No.768 of 2024 and connected

matters on 05.11.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE PV

17-10-2024 /True Copy/ Assistant Registrar