IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937

WP(C).No. 33116 of 2015 (L)

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PETITIONER(S) :

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LAKSHMANAN, AGED 63 YEARS,

S/O.RAMUNNI, VARADHA HOUSE, EKKAL,

P.O.MAMBA, KANNUR DISTRICT.

BY ADV. SRI.SHERRY J. THOMAS

RESPONDENT(S) :

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1. STATE OF KERALA,

REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH,

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. DIRECTOR OF HEALTH SERVICES,

DIRECTORATE OF HEALTH SERVICES,

GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM- 695 035.

3. DISTRICT COLLECTOR,

KANNUR, CIVIL STATION, KANNUR- 670 002.

4. DISTRICT MEDICAL OFFICER,

KANNUR -3.

5. DY. SUPERINTENDENT OF POLICE,

NARCOTIC CELL, KANNUR- 670 002.

6. DISTRICT POLICE SUPERINTENDENT,

KANNUR- 670 002.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

Msd.

WP(C).No. 33116 of 2015 (L)

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APPENDIX

PETITIONER(S)' EXHIBITS :

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P1:

THE TRUE COPY OF THE JUDGMENT IN RFA 346/2008 DATED 09/09/2013.

P2:

THE TRUE COPY OF THE FORWARDING LETTER DATED ON 21/03/2012.

P3:

THE TRUE COPY OF THE REPORT SUBMITTED BY

THE 5TH RESPONDENT DATED ON 20/10/2011.

P4:

THE TRUE COPY OF REQUEST DATED 05/08/2014 SUBMITTED TO

THE 1ST RESPONDENT.

P4(A): THE TRUE COPY OF THE REPRESENTATION DATED 01/09/2015

SUBMITTED TO THE 1ST RESPONDENT.

P5:

THE TRUE COPY OF THE REPORT DATED 09/10/2015 IS PUBLISHED IN

FLASH NEWS PAPERS.

P5(A): THE REPORT DATED 14/07/2007 PUBLISHED IN MALAYALA

MANORAMA.

P5(B): THE TRUE COPY OF THE NEWS PAPER REPORT DATED 07/02/2008 IN

MATHRUBHUMI NEWS PAPER.

P5(C): THE TRUE COPY OF THE NEWS PAPER REPORT DATED 12/10/2010 IN

SIRAJ DAILY.

P5(D): THE TRUE COPY OF THE NEWS PAPER REPORT DATED 23/05/2013

PUBLISHED IN MATHRUBHUMI.

RESPONDENT(S)' EXHIBITS :

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NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No.33116/2015

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Dated this the 8^th Day of December, 2015

J U D G M E N T

The petitioner belongs to a poor family. He was bitten by a

dog on 14/10/1983. He was administered anti-rabies injection at a

local Primary Health Centre, Kannur. The petitioner claims that

consequent upon anti-rabies vaccination, both of his legs became

paralysed. The petitioner sued the State as a pauper. That was

dismissed. The court finding that there is no negligence on the part

of the doctor, dismissed the suit. The agony of the petitioner

continues. He is unable to eke out his livelihood as the functional

ability of his legs are lost. He has approached this Court invoking

public law remedy under Article 226 of the Constitution for payment

of compensation besides seeking claim for free medical aid.

W.P.(C).No.33116/2015

-:2:-

2.

Since the civil suit resulted in dismissal, this Court is of the

view that the question of compensation cannot be considered.

However, the petitioner's entitlement for free medical aid and

medicines from the State cannot be ignored.

3.

The right to health is a part of right to life. The petitioner,

as of now has been deprived of livelihood on account of

administration of anti-rabies injection, though, negligence cannot be

attributed on the doctor in view of the civil court judgment, that does

not mean that the State is absolved from the responsibility to provide

free medical aid to the petitioner. The State has every duty to

provide all medical assistance to the petitioner. Absence of

negligence on the part of doctor could not absolve the State from

W.P.(C).No.33116/201