Kalarickal Friends v. Mr.Ellamgovan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 Con.Case(C).No. 550 of 2015 () IN WP(C).1634/2014 --------------------------------------------------- WP(C) 16341/2014 of HIGH COURT OF KERALA DATED 23-09-2014 ----------------- PETITIONER(S)/PETITIONER :- ----------------------------- 'KALARICKAL FRIENDS', REG.NO. ALP/TC/249/2014, DOOR NO. 2/40 KALARICKAL JUNCTION, AROOKKUTTY, CHERTHALA ALAPPUZHA REPRESENTED BY ITS SECRETARY, VINOD K.K. S/O.KUMARA PANICKER, AGED 42 YEARS, KALARIKKAL VELI HOUSE AROOKKUTTY P.O., CHERTHALA TALUK ALAPPUZHA DISTRICT - 688 535.

BY ADV. SRI.K.T.SAJU RESPONDENT(S)/RESPONDENTS 1 & 2 :- ------------------------------------

1. MR.ELLANGOVAN FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER SECRETARY TO DEPARTMENT OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DR.K.A.SAFIYA BEEVI, AGED 55 YEARS, W/O.B.M.ABDUL LATHEEF THE DISTRICT MEDICAL OFFICER (HEALTH) OFFICE OF DISTRICT MEDICAL OFFICER ALAPPUZHA - 688 001.

BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

Con.Case(C).No. 550 of 2015 () IN WP(C).1634/2014 --------------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- ANNEXURE A1: CERTIFIED COPY OF THE JUDGMENT IN WPC 16341/2014 DATED 23/09/2014.

ANNEXURE A2: TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT DATED 01/12/2014.

ANNEXURE A2(a): ENGLISH TRANSLATION OF ANNEXURE A2. ANNEXURE A3: TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT DATED 01/12/2014 BEFORE MEDICAL OFFICER, CHC, AROOKKUTTY. ANNEXURE A3(a) : ENGLISH TRANSLATION OF ANNEXURE A3. ANNEXURE A4: REPLY DATED 18/12/2014 OF THE MEDICAL OFFICER, CHC, AROOKKUTTY ALONG WITH VACANCY LIST.

ANNEXURE A4(a): ENGLISH TRANSLATION OF ANNEXURE A4. ANNEXURE A5: REPLY DATED 31/12/2014 OF THE DISTRICT MEDICAL OFFICER, ALAPPUZHA.

ANNEXURE A5(a): EGLISH TRANSLATION OF ANNEXURE A5. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- Cont. Case (C) No.550 of 2015 ------------------------------------------- Dated this the 6th day of April 2015

J U D G M E N T

Shaffique, J.

This contempt case has been filed alleging non-compliance of the directions issued by this Court dated 23.9.2014 in W.P.(C) No.16341 of 2014. The writ petition was filed by the petitioner seeking for a direction to the District Medical Officer (Health), Alappuzha to appoint sufficient doctors in Community Health Centre, Arookutty so as to ensure service of doctors round the clock. While disposing of the writ petition, this Court had issued a direction to respondent Nos.1 and 2 to take steps to fill up the vacant posts in the Community Health Centre, Arookutty. 2.

The petitioner himself has produced Annexure-A5, which is an answer given under the Right to Information Act, wherein, the Public Information Officer attached to the District Medical Office, Alappuzha has informed that the vacancies had already been filled even before the arrival of order of this Court and that at present there is no vacancy for a Doctor. The list

Cont. Case (C) No.550 of 2015 -: 2 :- concerning the number of employees required in a social health centre is also included in the said letter.

Under such circumstances, we do not think it necessary to proceed with this contempt application. Hence, this Contempt Case is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt