IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 14619 of 2007(S)
1. P.D. JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. HOME SECRETARY,
3. HEALTH SECRETARY,
For Petitioner :SRI.P.D.JOSEPH (PARTY-IN-PERSON)
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/06/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
………………………………………………………………………..
WRIT PETITION ( C )No. 14619 OF 2007
………………………………………………………………………..
Dated this the 14th June, 2007
J U D G M EN T
H.L. Dattu, C.J.:
Petitioner is a public spirited citizen. He is also a tax payer. He is
a human right activist. He is concerned about the civil rights of his fellow
mates.
2. In this Writ Petition, filed under Article 226 of the Constitution
of India, the petitioner is seeking the following reliefs . They are:
“1) A direction to the Secretary, Department of
Health & Family Welfare, Trivandrum to report whether
any oral or written instructions were issued to doctors at
Government hospitals not to conduct any post mortem
examination on the dead body of HIV affected persons.
2) A direction to the Chief Secretary, Government of
Kerala to enquire into Ext.P3 petition filed by the
petitioner.
3) A direction to the Secretary, Home Department to
stop the investigation and raid in the Muringoor Retreat
Centre.
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4) A direction to the Secretary, Department of Local
Self Government of Kerala, Trivandrum to make necessary
rules regarding the maintenance of an inward register at all
public cemetery or crematorium in the State of Kerala.
3. The last prayer will not go with the prayer Nos.1, 2 and 3.
4. While entertaining this Writ Petition, we had directed the
counsel appearing for the State Government to file their reply to the
assertions and allegations made in the Writ Petition . Pursuant to our
direction, the respondents have filed a detailed statement of objections.
5. In so far as the first prayer is concerned , the respondents have
stated that at no point of time, the State Government have issued any
instruction, either in writing or orally to the doctors working in the
Government hospitals not to conduct post mortem on the body of HIV
affected persons. The prayer in the Writ Petition is made only to find
out whether any instruction has been issued in that regard. The
respondents have stated that they have not issued such a direction to the
doctors working in the Government hospitals in Kerala. Therefore, in
our opinion, the first relief cannot be granted by us.
6. Then we go to the second prayer. The said prayer is for a
direction to the Chief Secretary, Government of Kerala to consider Ext.
P3 representation filed by the petitioner. Ext.P3 is as under:
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“In Kerala the officials not keeping the Register books in
cemetery to find the dead body for every investigation.
And the doctors are not Post Mortem the dead body
of Aids Patients.
And kindly request to stop every day raid in
Muringoor Divine Retreat Centre. ”
7. The primary grievance of the petitioner, appears to us, is that
the petitioner does not want an investigation to be conducted in the
Muringoor Divine Retreat Centre. This prayer also cannot be granted by
us for the simple reason that this Court while disposing of the Writ
Petition filed by the Divine Retreat Centre in W.P.(C) 27125 of 2006 had
specifically ordered for an investigation to be conducted by a team of
experts, constituted by the Government on the basis of the direction
issued by this court in Crl.M.C. 405 of 2006 dated 10.03.2006. Since the
investigation is being done pursuant to the direction issued by this court,
a direction to the respondents cannot be given by us to stop the
investigation and raid in the Muringoor Divine Retreat Centre. The
fourth prayer has nothing to do with the other prayers made in the Writ
Petition.
8. If for any reason, the petitioner is of the opinion that an inward
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4
register requires to be maintained at all public cemeteries, the petitioner
has to file a better petition giving all details.
9. In that view of the matter, the prayers sought for, by the
petitioner cannot be granted for the present. Accordingly, the Writ
Petition requires to be rejected and it is rejected.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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