Kerala High Court
M.P. Jayaprakshan vs State Of Kerala on 24 January, 2025
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WP(C) NO. 29522 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 29522 OF 2024
PETITIONER/S:
1 M.P. JAYAPRAKSHAN
AGED 76 YEARS
S/O. M.N. PADMANABHAN, RESIDING AT CHAITHRAM,
MADATHIKKATTIL, MANAKUNNAM VILLAGE, KANAYANNUR
TALUK, POOTHOTTA P.O., ERNAKULAM, PIN - 682307
2 K.T. VIMALAN
AGED 63 YEARS
S/O. THEVAN, RESIDING AT KALTHITHARA, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, POOTHOTTA P.O.,
ERNAKULAM, PIN - 682307
3 M.P. SHYMON
AGED 58 YEARS
S/O. M.N. PARAMESSWARAN, RESIDING AT
MADATHIKKATTIL, MANAKUNNAM VILLAGE, KANAYANNUR
TALUK, POOTHOTTA P.O., ERNAKULAM, PIN - 682307
BY ADVS.
P.G.JAYASHANKAR
S.RAJEEV (K/001711/2019)
SAJANA V.H
SHAIJU GEORGE
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WP(C) NO. 29522 OF 2024
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AADERSH R.S. PANICKER
PUSHPAVATHI.K
ANAKSHA RIYA MOHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, KAKKANADU, ERNAKULAM,
PIN - 682030
3 THE DISTRICT MEDICAL OFFICER
ERNAKULAM, PARK AVENUE, GENERAL HOSPITAL
COMPOUND, ERNAKULAM, KERALA, PIN - 682011
4 GOVERNMENT COMMUNITY HEALTH CENTRE
POOTHOTTA PO, UDAYAMPEROOR, ERNAKULAM,
REPRESENTED BY MEDICAL OFFICER IN CHARGE, PIN -
682307
5 MULANTHURUTHY BLOCK PANCHAYATH
PERUMPILLY PO, ERNAKULAM, REPRESENTED BY ITS
SECRETARY., PIN - 682314
SRI K P HARISH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 24th day of January 2025
NITIN JAMDAR, C.J.
This is a petition filed in public interest by the residents of
Manakunnam Village raising their grievances regarding lack of medical
facilities available at the Community Health Center in their village.
2. Heard Mr. P.G. Jayashankar, learned counsel appearing for
the Petitioners and Mr. K.P. Harish, learned Senior Government
Pleader for the State.
3. A hospital was established in the village in the year 1945. It
was established originally as a government dispensary, and it had a full
time doctor with sufficient nursing help, provision for inpatient
treatment, labour room facilities and also an operation theatre. There
were 5 doctors, 31 staff and 44 beds for inpatient treatment and also
facilities including quarters for staff. On 11 November 2015, the
Department of Health and Family Welfare upgraded the hospital to a
Community Health Centre. After being upgraded to Community
Health Centre, it has a capacity for 44 beds, one Civil Surgeon, four
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Assistant Surgeons, one clerk, two Senior Nursing Officers, five
Nursing Officer Grade I, four Nursing Officer Grade II, one Lab
Technician, one J.P.H.N., one Pharmacist Grade I, one Pharmacist
Grade II, four Nursing Assistants, one Hospital Attendant Grade I and
four Hospital Attendant Grade II. The inpatient treatment was
discontinued with effect from 10 March 2020, since the building had
become old.
3. The grievance of the Petitioners is that though a new building
has been constructed, the medical facilities are not sufficient, more
particularly, there is no facility for inpatient treatment. They contend
that Community Health Centres with inpatient treatment at
Tripunithura and Vaikom are about 26 km away from their village, and
therefore, their right to access medical care is being denied. Their
representations to the State have not yielded any result, and thus the
Petitioners have filed this Writ Petition for directions to the State.
4. A counter affidavit is filed on behalf of the State by
Respondent No.3, the District Medical Officer, on 25 October 2024.
It is stated that the Community Health Centre was upgraded to the
Block Family Health Centre on 20 March 2020. The infrastructure
facilities, including the ramp and lift in the new building, have to be
created by Respondent No.5, the Local Self Government Department.
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As regards the inpatient facility, the position is accepted. The said
facility was available up to March 2020. Since the building was found
unfit, it was demolished in the year 2022, and the sole reason for not
providing an inpatient facility is that the ramp and lift facilities were
not created by Respondent No.5.
5. It is an admitted position that the inpatient treatment at the
Community Health Centre has been discontinued since 10 March
2020. It is unacceptable that even after the construction of the new
building, the inpatient facility is not being provided because the ramp
and lift are yet to be created. No other reason is shown to us. When a
new building is constructed to function as a hospital, it is illogical not
to provide a ramp or lift, without which the hospital cannot be put into
effective use. As it has been more than a year since the construction of
the new building and no ramp or lift facilities have been provided to
date, a time limit will have to be set because the matter is directly
relatable to the health care of the residents in the area.
5. Therefore, we direct that all the Respondents shall co-
ordinate under the supervision of Respondent No.2, the District
Collector, who will issue necessary directions to the concerned
Respondents or any other Government agency which may not be a
party to the petition, and ensure that inpatient treatment commences
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in the hospital within a period of four months from today. All
Respondents and all Government authorities will act in aid of the
District Collector to enable the District Collector to comply with these
directions.
6. The writ petition is disposed of in the above terms.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
uu
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WP(C) NO. 29522 OF 2024
APPENDIX OF WP(C) 29522/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT, DATED
04.09.2023 BEFORE THE PUBLIC
INFORMATION OFFICER OF THE 4TH
RESPONDENT HEREIN
Exhibit P2 A TRUE COPY OF THE REPLY DATED
25.09.2023 ISSUED BY THE PUBLIC
INFORMATION OFFICER OF THE 4TH
RESPONDENT, WITHOUT ITS ENCLOSURES
Exhibit P3 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE POOTHOTTA COMMUNITY
HEALTH CENTRE VIKASANA SAMRAKSHANA
SAMITHI BEFORE THE 2ND RESPONDENT DATED
25.03.2023
Exhibit P4 A TRUE COPY OF THE LETTER DATED
08.09.2023 ISSUED BY THE 3RD RESPONDENT
ADDRESSED TO THE GENERAL CONVENER OF
GOVERNMENT COMMUNITY HEALTH CENTRE
VIKASANA SAMRAKSHANA SAMITHI
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
30.12.2023 FILED BY THE GOVERNMENT
COMMUNITY HEALTH CENTRE VIKASANA
SAMRAKSHANA SAMITHI BEFORE THE NAVA
KERALA SADAS
Exhibit P6 A TRUE COPY OF THE RECEIPT EVIDENCING
THE SUBMISSION OF EXT P5 REPRESENTATION
BEARING SERIAL NO. 4405
Exhibit P7 A TRUE COPY OF THE NOTICE DATED
19.03.2024 ISSUED BY THE GOVERNMENT
COMMUNITY HEALTH CENTRE VIKASANA
SAMRAKSHANA SAMITHI TO THE UDAYAMPEROOR
GRAMA PANCHAYATH
