IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31050 of 2011(E) ---------------------------------- PETITIONER(S) : ------------------- ALUVA JANASEVA @ JANASEVA SISUBHAVAN PB NO.107, ALUVA,REPRESENTED BY ITS GENERAL SECRETARY. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S) : ------------------- 1. THE STATE OF KERALA,REP.BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE CHILD WELFARE COMMITTEE , ERNAKULAM REP.BY ITS CHAIRMAN, GOVERNMENT CHILDRENS HOME, KAKKANAD, KOCHI 682 030. 3. SEETHALEKSHMI, MOOLA VEEDU, SAVALAPPARI, DALAVAIPURAM, KAITHA, THIRUNELVELI, TAMIL NADU, PRESENTLY RESIDING AS AN INMATE IN THE JANASEVA SISIBHAVAN, P.B. NO.107,ALUVA- 683101 4. AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE,AIMS ,PONEKKARA P.O.,KOCHI-41, REPRESENTED BY ITS DIRECTOR. R1 & R2 BY SR. GOVT. PLEADER SRI. M.J. RAJASREE R4 BY ADV. SRI. SRIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARED ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO. 31050/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF THE CERTIFICATE OF RECOGNITION OF THE PETITIONER DATED 11/9/2007. EXHIBIT P2 : COPY OF THE ORDER IN OP NO.113/2008 DATED 26/7/2008 OF THE 2ND RESPONDENT. EXHIBIT P3 : COPY OF THE IN-PATIENT SUMMARY ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE DATED 9/2/2010. EXHIBIT P4 : COPY OF THE DOCUMENT NO.TL NO.263 DATED 17/6/2011 ISSUED BY THE INSTITUTE OF CHILD HEALTH, KOTTAYAM. EXHIBIT P5 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19/11/2011 RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 31050 of 2011 ``````````````````````````````````````````````````````````` Dated this the 24th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ This writ petition is filed by a voluntary organisation. In so far as it is relevant, a child by name Ameer Mohammed alias Aromal Kannan was entrusted to the petitioner by Ext.P2 order passed by the second respondent, exercising its powers under Section 32 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The child is still under the guardianship of the petitioner and is now diagnosed with Rheumatic Heart Disease. The child is under the treatment of the fourth respondent and the counsel appearing for the fourth respondent submits that the child is now admitted in the Intensive Care Unit and that an immediate surgery is necessary as otherwise the life of the child itself will be in danger. 2. As per the pleadings, the third respondent, mother of the child, was unwilling to give consent and, W.P.(C) No.31050/2011 : 2 : therefore, the petitioner moved the second respondent by filing Ext.P5 application. The second respondent did not pass any orders. Therefore, this writ petition is filed mainly seeking an order enabling the fourth respondent to proceed with the surgery. 3. Notice in this writ petition was ordered to be served on the respondents by special messenger. Despite the urgency of the situation, which is confirmed by the hospital authorities, counsel appearing for the second respondent seeks two weeks time to file counter affidavit. Notice to the third respondent was served by affixture but the third respondent has not entered appearance before this Court. 4. I heard the counsel for the petitioner, learned Government Pleader and the counsel appearing for the parties. 5. Admittedly, the child in question is under the guardianship of the petitioner on the strength of Ext.P2 order passed by the second respondent. The ailment of the child W.P.(C) No.31050/2011 : 3 : and the emergent surgery that has to be performed are confirmed by the fourth respondent. I should also record that the fourth respondent has graciously agreed to perform the surgery on an emergency basis and on a charitable basis. 6. In that view of the matter, I am satisfied that unless the surgery is performed, the life of the child will be in danger. Therefore, I direct that the fourth respondent shall proceed with the surgery of the child Ameer Mohammed alias Aromal Kannan. I also record the submission of the counsel that on discharge from the hospital, the child will be looked after by the petitioner itself. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/24/11 // True Copy // P.A. To Judge