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A.J.Lonachan v. the Chief Secretary, Government of Kerala

Kerala HC2 Sept 2021WP(C)/14010/2018

Case brief

AI extract

What is this about?

This single-judge order in a writ petition directed the Secretaries of Health, Social Welfare, and Local Self Government Departments to consider specific suggestions regarding care for aged and distressed persons within four weeks, without ordering their implementation.

What did the court decide?

Direction issued to Respondents 2 to 4 to consider suggestions regarding care for aged persons and take appropriate decision within four weeks.

A.J.Lonachan Vs the Chief Secretary, Government of… — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943

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WP(C) NO. 14010 OF 2018

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PETITIONER:

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A.J.LONACHAN

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AGED 54 YEARS, S/O LATE JOSEPH, AMBOOKAN HOUSE, KADUKUTTY P.O.,PIN-680 309, CHALAKUDY VIA, THRISSUR

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BY ADV SRI.P.M.JOHN (J-1439)

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RESPONDENT/S:

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1 THE CHIEF SECRETARY, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001

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2 THE SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001

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3 THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001

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Addl.4 SOCIAL WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM THIRUVANANTHAPURAM

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[ADDL. R4 IMPLEADED AS PER ORDER DATED 13.8.2018]

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BY SRI.K.P.HARISH, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).14010/2018

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J U D G M E N T

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Dated this the 2^nd day of September, 2021

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S. Manikumar, CJ.

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Petitioner has sought for a writ of mandamus directing the respondents to consider the suggestions given in the representation dated 2.3.2018, which reads thus:

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"Taking care of the aged, bedridden and distressed are the duty of the civilized society and Government. Though Government of Kerala is taking steps on this matter, it reaches only a Small percentage of deserving persons. A viable way is given below to get care to all deserving persons. Hope this may be implemented.

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Hospitals, Health Care Institutions, Medical Research and study institutions must be made responsible for the care of above mentioned persons, when the licence for working of the institutions is given and renewed. Taking care, must also include preventive medicine and Palliative Care. Monitoring must be done to ensure that such actions are done by institutions. Each institution according to its category must be given a certain area. They must conduct the above mentioned activities with the help of neighbours, neighbourhood groups, Palliative organizations and local self Government Institution. Co-ordination and funding for the activities, must be done by the Local Self Government Authorities.

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House visits, Palliative activities must be done at least once in a week. Wherever it is very necessary Doctor visits must be provided. There must be a helpline phone for contacts. Enlightening people of new techniques of preventive medicine, relaxation and exercises to eradicate the bad effects of life style can be done. More peoples participation will bring good results.

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W.P(C).14010/2018

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Hope the suggestions will be implemented.

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Consider this letter as a section 80 notice under Civil Procedure Code."

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Contending inter alia that there is no response, the instant writ petition is filed on the grounds inter aila that:

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“1) Though Government of Kerala is taking steps in this matter, it reaches only a small percentage of deserving persons. A viable way 1s given in this petition to get care, to all deserving persons. 2) Number of aged, distressed persons are increasing every year. Many are living in miserable conditions. Since every person is destined to be aged, a palliative direction which will give brotherly care with love is a must and will benefit every one in future.

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Hospitals, Medical Research Study Centres, Health Care Centres, Palliative Organizations, Neighbourhood groups must be included in a joint venture to give caring to the aged, distressed and bed ridden as if they are their family members. Specific area must be given to these joint ventures by the department of Health in consultation with Department of Local Self Government, Funding control and monitoring must be with Local Self Government. Legal base must be given to these joint ventures. There must be a help line phone number for contacting.

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The joint venture can enlighten people of new techniques of preventive medicine, relaxation, ill effects of life styles and healthy good living.”

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Though writ petition has been filed in the year 2018, respondents have not filed any counter affidavit/statement, as the case may be.

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W.P(C).14010/2018

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However, Mr. K.P. Harish, learned Senior Government Pleader submitted that in every Panchayat a specific fund is allocated to take care of aged persons and that the same is also being disbursed. According to him, palliative activities are also done at village level.

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Heard learned counsel for the parties and perused the materials available on record.

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All that is prayed for in the writ petition is to consider the representation Exhibit P1 dated 2.3.2018. Notwithstanding the welfare measures available to the aged, distressed and bedridden persons, respondents can always consider the suggestions made in Exhibit P1 representation. Accordingly, a direction is issued to the Secretaries to the Government, Health and Family Welfare Department, Social Welfare Department and Local Self Government Department, Government of Kerala, Thiruvananthapuram/respondents 2 to 4 to consider the suggestions and take appropriate decision within four weeks from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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S. Manikumar,

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Sd/Shaji P. Chaly, Judge

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sou.

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W.P(C).14010/2018

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APPENDIX OF WP(C) 14010/2018

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE AND ITS ENGLISH VERSION AND ACKNOWLEDGMENT RECEIPT EXHIBIT P2 TRUE COPY OF THE REQUESTS SENT TO R2 UNDER RIGHT TO INFORMATION ACT AND ITS ENGLISH VERSION, AND ACKNOWLEDGEMENT RECEIPT EXHIBIT P3 TRUE COPY OF THE REPLY FROM THE STATE PUBLIC INFORMATION OFFICER, DEPARTMENT OF HEALTH, AND ITS ENGLISH VERSION

A.J.Lonachan v. the Chief Secretary, Government of Kerala

Case brief

What is this about?

What did the court decide?

A.J.Lonachan v. the Chief Secretary, Government of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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