Kerala High Court
Shanti Joseph Thattakath vs State Of Kerala on 30 October, 2024
2024:KER:82498
W.P(C)No.30341/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO.30341 OF 2024
PETITIONER:
SHANTI JOSEPH THATTAKATH
AGED 48 YEARS
PRESIDENT MALA PRESS CLUB S/O.JOSEPH..
THATTAKATHIL HOUSE POYYA VILLAGE, MALA,
KODUNGALLUR TALUK, THRISSUR DISTRICT - 680732
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR
HEALTH AND FAMILY WELFARE DEPARTMENT, OFFICE OF
THE DIRECTOR OF HEALTH DEPARTMENT, GENERAL
HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035
3 DISTRICT COLLECTOR
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680002
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W.P(C)No.30341/2024
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4 DISTRICT MEDICAL OFFICER
DISTRICT MEDICAL OFFICE, THRISSUR, PIN - 680001
5 MALA BLOCK PANCHAYAT OFFICE
KURUVILASSERY, CHALAKKUDY TALUK, THRISSUR DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 680732
6 M/S. K KARUNAKARAN MEMORIAL FAMILY HEALTH CENTRE,
MALA, THRISSUR DISTRICT,REPRESENTED BY ITS
SUPERINTENDENT, PIN - 680732
7 MALA GRAMA PANCHAYAT
MALA, THIRSSUR DISTRICT, REPRESENTED BY ITS
SECRETARY., PIN - 680732
BY ADVS.
M.H.HANIL KUMAR, STANDING COUNSEL FOR MALA GRAMA
PANCHAYAT
SMT VINAYA K,
SRI V TEKCHAND, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P(C)No.30341/2024
3
JUDGMENT
Dated this the 30th day of October, 2024
Nitin Jamdar, C.J.
Heard Mr.G.Hariharan, learned counsel for the Petitioner,
Ms.Vinaya.K representing Mr.M.H.Hanilkumar, learned Standing
Counsel for Mala Grama Panchayat and Mr.V.Tekchand, learned Senior
Government Pleader.
2. The Petitioner has raised certain issues regarding the functioning
of Respondent No.6 M/s K.Karunakaran Memorial Family Health Centre.
This Family Health Centre is run by Respondent No.5 with the financial
aid and manpower support from the State Government. We are not fully
satisfied about the bona fides of the Petitioner, who was earlier a Managing
Committee member, being a nominee of a Member of Legislative
Assembly and was removed.
3. However, since certain issues have been raised relating to public
health, we are of the opinion that the representation of the Petitioner be
considered by Respondent No.1 who will take inputs from Respondent
No.2. Therefore, without conferring any special status or acknowledging
the locus of the Petitioner, we dispose of the petition stating that the
Principal Secretary, Health and Family Welfare Department would look
into the issue raised by the Petitioner and if found justified, take necessary
action. Since we are not issuing notice to all the other Respondents, we
keep their contentions open and our direction to look into the
2024:KER:82498
representation of the Petitioner, is not to be considered as an indictment of
the Respondents. If the Secretary finds the issue needs to be looked into,
we have no doubt, that urgent steps would be taken.
4. Petition disposed of as above.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
S. Manu
Judge
vgd/30/10
2024:KER:82498
APPENDIX OF WP(C) 30341/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE GOVERNMENT NOTIFICATION
NO. G.O.(MS).NO. 568/08/ H&FW DATED
6.11.2008 ISSUED BY THE HEALTH AND FAMILY
WELFARE DEPARTMENT
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
14.02.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT AND RESPONDENTS 2
TO 6
EXHIBIT P3 A TRUE COPY OF THE POSTAL RECEIPT DATED
15.02.2024 EVIDENCING DISPATCH OF EXHIBIT.P2
REPRESENTATION TO THE RESPONDENTS 1 TO 6
EXHIBIT P4 A TRUE COPY OF THE ONE SUCH REPORT PUBLISHED
IN THE MATHRUBOOMI DAILY THRISSUR EDITION
DATED 13.02.2024
EXHIBIT P5 A TRUE COPY OF THE REQUEST DATED 10.05.2024
SENT BY THE 6TH RESPONDENT ADDRESSED TO THE
5TH RESPONDENT
EXHIBIT P6 . A TRUE COPY OF THE REQUEST DATED 25.05.2024
SENT BY THE 6TH RESPONDENT ADDRESSED TO THE
7TH RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE REQUEST DATED 14.02.2024
MADE BY THE PETITIONER ADDRESSED TO THE 7TH
RESPONDENT PANCHAYAT
EXHIBIT P8 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
DECISION BY THE 7TH RESPONDENT PANCHAYAT IN
ITEM NO.21 AND 22 OF THE MEETING HELD ON
02.03.2024
EXHIBIT P9 A TRUE COPY OF THE REQUEST DATED 15.03.2024
FILED BY THE PETITIONER ADDRESSED TO THE 6TH
RESPONDENT UNDER THE RIGHT TO INFORMATION
ACT
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EXHIBIT P10 A TRUE COPY OF THE REPLY DATED 21.03.2024
SENT BY THE 6TH RESPONDENT ADDRESSED TO THE
PETITIONER
EXHIBIT P11 A TRUE COPY OF THE INFORMATION FURNISHED BY
THE PUBLIC INFORMATION OFFICER, ATTACHED TO
THE 6TH RESPONDENT HOSPITAL ON 11.03.2024
EXHIBIT P12 A TRUE COPY THE REQUEST DATED 16.04.2024
MADE BY THE PETITIONER TO THE 6TH RESPONDENT
EXHIBIT P13 A TRUE COPY OF THE ACKNOWLEDGMENT DATED
16.04.2024 ISSUED BY THE SUPERINTENDENT OF
6TH RESPONDENT HOSPITAL
EXHIBIT P14 A TRUE COPY OF THE PAPER REPORT PUBLISHED IN
THE MATHRUBOOMI DAILY THRISSUR EDITION DATED
21.07.2024
EXHIBIT P15 A TRUE COPY OF THE REPLY DATED 15.02.2024
SENT BY THE 4TH RESPONDENT TO THE PETITIONER
IN RESPONSE TO EXHIBIT.P2 REPRESENTATION
ALONG WITH TYPED COPY
EXHIBIT P16 A TRUE COPY OF THE INTIMATION DATED
09.08.2024 ISSUED BY MR. V.R.SUNILKUMAR
ADDRESSED TO THE MEDICAL OFFICER OF MALA
BLOCK PANCHAYAT COMMUNITY HEALTH CENTRE
EXHIBIT P17 A TRUE COPY OF THE CASE STATUS RELATING TO
W.P.(C).NO. W.P.(C).NO.29929/2023 PENDING
BEFORE THIS HON'BLE COURT
EXHIBIT P18 A TRUE COPY OF THE CASE STATUS RELATING TO
W.P.(C).NO. W.P.(C).NO.38065/2022 PENDING
BEFORE THIS HON'BLE COURT
EXHIBIT P19 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO 9275/2019 ON 15.03.2021
EXHIBIT P20 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.23441/2020 ON 05.01.2023
EXHIBIT P21 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.13841/2020 ON 11.08.2020
2024:KER:82498
EXHIBIT P22 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.6288/2021 ON 25.11.2021
EXHIBIT P23 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.10117/2022 ON 10.08.2022
EXHIBIT P24 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.8873/2022 ON 08.03.2023
EXHIBIT P25 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.37472/2023 ON 18.03.2024
EXHIBIT P26 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.8301/2023 ON 01.06.2023
