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2020 Supreme(Online)(KER) 20290
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
ANIL AKKARA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/31531/2016
SRI.K.B.GANGESH SMT.ATHIRA A.MENON SMT.SMITHA CHATHANARAMBATH
Court concluded that the government's actions in addressing healthcare facility deficiencies were satisfactory, precluding the need for further intervention.
Headnote:
Public Interest - Healthcare - Writ Petition - Regulations on Medical Facilities
Fact of the Case:
A public interest litigation was filed regarding inadequate medical facilities at a Medical College Hospital, highlighting issues such as a defective radiation machine for cancer treatment, vacant doctor posts, and lack of sewage treatment.
Finding of the Court:
The court found that the state had already taken steps to address the grievances, including funds allocated for a new radiation machine and plans for filling vacant posts, thus no further action was required.
Issues: Whether the government had sufficiently addressed the concerns raised about the Medical College Hospital's facilities and staff adequacy.
Ratio Decidendi: The court held that since adequate steps were demonstrated to have been taken by the government to remedy the issues, further orders were unnecessary.
Final Decision: The writ petition was disposed of as the government had adequately responded to the issues raised.
JUDGMENT
S.MANIKUMAR, CJ.
This is a public interest litigation filed by a member of the Kerala Legislative Assembly (MLA), elected from Wadakkancherry constituency in Thrissur District, who also claims to be a public spirited person actively involved in the social and political arena of Thrissur District. The grievance highlighted by the petitioner is that every day around 5000 people approach Medical College Hospital, Thrissur and they include not only people from Thrissur but the nearby districts of Palakkad and Malappuram for expert treatment. Even though there are only 1700 beds in the two hospitals attached to the Medical College, around 3400 persons are treated as inmates therein. The primary contention advanced by the petitioner is that poor cancer patients are depending on Oncology Department for treatment. However, the radiation machine available in the College is defective and often breaks down which is causing serious concerns to the cancer patients visiting the hospital and many days they are compelled to travel either to Calicut or Kottayam Medical College. 2. It is further submitted that out of 358 posts of Doctors in various departments attached to the college, 70 posts are remaining vacant. Likewise many of the posts of Nurses, para medical staff and other menial workers are not filled up and due to that the hospital is unable to be conducted in a satisfactory manner. That apart it is stated that there is no mechanism for treating the waste generated and unless and until a proper and functional sewage treatment plant is installed in the hospital serious inconvenience would be caused not only to the persons visiting the hospital but also to the nearby residents. Therefore, it is contended that the petitioner is entitled for the following reliefs:
(i) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate steps to provide adequate Doctors and attendant staff in various departments of Medical College Hospital, Thrissur.
(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to immediately repair/replace radiation machine in the oncology department of Medical College Hospital, Thrissur and to open the building constructed for chemotherapy treatment to public.
(iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to take steps to make sewage treatment plant set up in the Medcal College campus to treat the wastes generated by Medical Colelge Hospital, Thrissur.
(iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take immediate remedial action in respect of the grievances highlighted in Ext.P2 complaint preferred by the petitioner.
(v) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs.
3. A detailed counter affidavit is filed by the 3rd respondent -
Principle of the Medical College refuting the allegations made in the writ petition wherein it is stated that necessary funds are made available for installation of a new radiation machine and in order to purchase a high end equipment, an amount of Rs.13,72,50,000/- was sanctioned during the financial year 2015-2016 and the said amount was transferred and credited to KLSCL. It is further stated that adequate steps were taken to fill up the vacant posts of various cadres. Similarly it is submitted that at a project cost of Rs.4.50 Crores a sewage treatment was being completed as on the date of the filing of the counter affidavit i.e, 8.11.2016.
4. We have heard Adv.Sri.K.B. Gangesh for the writ petitioner, and Senior Government Pleader Sri.Surin George Ipe for respondents 1 to 3.
5. Though Mr.K.B.Gangesh, learned counsel for petitioner, urged this Court to direct the respondents to file a report on the installation of the new machinery fo
