IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 668 of 2009(D) ---------------------------------- PETITIONER: -------------------- T.P.GOPALAKRISHNAN, NURSING ASSISTANT, IPP QUARTERS, PANAMARAM.P.O, MANANTHAVADY, WAYANAD DISTRICT. BYMR.S.M.PRASANTH, ADVOCATE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH SERVICE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER,WAYANAD, MANANTHAVADY, WAYANAD DISTRICT. 3. THE PRINCIPAL, GOVERNMENT SCHOOL OF NURSING, PANAMARAM, WAYANAD DISTRICT. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J ================== W.P(C) No. 668 of 2009 ================== Dated this the 5th day of February, 2009 J U D G M E N T The petitioner who is working as Nursing Assistant in the Primary Health Centre, Panamaram. He is aggrieved by the order by which the 3rd respondent directed him to vacate the quarter No. 5 of the Government School of Nursing, Panamaram. Ext.P1 is the said order. He was allotted the quarter on 5.11.1993 as per Ext.P2. 2. In Ext.P1, the reason stated for directing him to vacate the quarters is that the District Medical Officer passed orders to that effect against the petitioner and another person Mr. Sasidharan Nair for indulging in violent behaviour. According to the petitioner, he is innocent in the matter and he had explained all the circumstances concerning him to the District Medical Officer in Ext.P3. It is pointed out that the present order directing him to vacate the quarters has been issued without considering any of the explanations offered by him in the matter. 3. As directed by this Court, the 2nd respondent has filed a statement justifying the action. It is pointed out that the petitioner was allotted Quarter No. 5 whereas, wife of Sasidharan Nair, UDC W.P(C) No. 668 of 2009 -2- has allotted the quarter No.6. There was a complaint by Mr. Sasidharan Nair on 3.11.2008 alleging certain objectionable acts from the part of the petitioner. There were complaints from the residents of the locality also. Subsequently, the petitioner submitted Ext.P3 complaint and a preliminary enquiry was conducted. Thereafter, direction was issued as per Ext.P1. It is pointed out that a detailed enquiry is contemplated and further action will have to be initiated on receipt of the enquiry report. Going by the stand taken in the statement, the action culminating Ext.P1 order was taken after the conduct of a preliminary enquiry. The learned counsel for the petitioner submitted that the circumstances leading to the incident had not been considered fully by the authority and in view of the fact that he is working only a nursing assistant, he will not be able to afford a rented house in the nearby places as he has to pull on with his salary alone. It is further pointed out that his daughter is appearing for the plus two exam this year and any disruption of this stage will adversely affect her also. It is also pointed out that the petitioner had assured that there will not be in any objectionable conduct and peaceful atmosphere will not be violated by any action on his part. The learned counsel submits that he will W.P(C) No. 668 of 2009 -3- file an appropriate representation before the District Medical Officer in the matter. If such a representation is filed within 10 days from today, the same will be considered by the District Medical Officer, in the light of the personnel difficulties pointed out by him by the petitioner as noted above. The District Medical Officer will pass appropriate orders within a period of two weeks thereafter. Till orders are passed as directed above, Ext.P1 shall be kept in abeyance. T.R.RAMACHANDRAN NAIR JUDGE rhs