IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 5836 of 2010(D) ------------------------- PETITIONER(S): --------------- 1. TRICHUR LIONS & FRIENDS CHARITABLE MEDICAL SOCIETY, REPRESENTED BY ITS SECRETARY, SRI. K.V.ABDUL AZEEZ, KADUNGATTUPARAMBIL, PRIYADARSINI NAGAR, AYYANTHOLE.P.O. THRISSUR DIST. 2. K.V.ABDUL AZEEZ, SECRETARY, LIONS JANATHA PHARMACY, THRISSUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER, THRISSUR. 3. THE PRESIDENT, DISTRICT PANCHAYAT, THRISSUR. 4. THE SECRETARY, DISTRICT PANCHAYAT, THRISSUR. 5. DISTRICT HOSPITAL SUPERINTENDENT, THRISSUR. GOVERNMENT PLEADER, SHRI P.NARAYANAN FOR R1,2 &5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5836/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of March, 2010 J U D G M E N T The first petitioner is the Trichur Lions and Friends Charitable Medical Society and the second petitioner is the Secretary of the Lions Janatha Pharmacy. They are aggrieved by the direction issued in Ext.P9 which is to vacate the building wherein the pharmacy is situated within a period of one week. 2. It is evident from the pleadings in the writ petition that the petitioner was allowed the facility to run pharmacy from October 1995. It is stated that the pharmacy gives maximum benefit to the poor patients. It is located in the premises of the Thrissur Medical College. 3. Ext.P9 evidences the fact that the building is proposed to be demolished as it is in a dilapidated condition. It is in these circumstances that the petitioner was asked to close the pharmacy and vacate the same. In Ext.P9, the Superintendent of the Hospital has relied upon a communication from the District Medical Officer also. The petitioner contends in the writ petition that there are other alternative places/rooms available in the medical college premises and therefore, without closing the pharmacy and denying the facility for the poor W.P.(C). No.5836/2010 -:2:- patients, the pharmacy could be retained within the premises itself. 4. As directed by this Court, a statement has been filed by the Government Pleader after getting instructions from the respondents. It is pointed out therein that the request for another suitable place for the functioning of the pharmacy cannot be entertained for valid reasons as stated below: “a. At present, so many specialty clinics like Integrated Counselling and Testing Centre for AIDS, PULARI and Central Government programmes like RSBY are facing shortage of space for the proper functioning. b. Gender based Violence Centre has been started in this Institution and we are facing severe difficulties to provide an adequate and suitable place as per the guidelines of GBVM. c. In addition to this, we are already providing space for functioning KIOSK for registration of Births and Deaths. Moreover, Tribal Promoter was given space near Casualty” 5. It is also pointed out that the hospital authorities are already facing difficulties for providing enough space for the above mentioned centres which is supposed to function in a place which is readily accessible to the public. Another building in front of the hospital W.P.(C). No.5836/2010 -:3:- which was utilised for the Radiology Department in which CT Scanner was installed while Medical College was working is now occupied by the Port Partum Unit catering to the preventive aspects of Public Health, namely, Mother and Child care including immunisation. The existence of various other departments etc. are also mentioned in paragraph (3) of the statement. 6. Therefore, the contention raised is that it will be difficult to provide any alternate space for the accommodation of the Lions Janatha Pharmacy. It is evident that the building is required to be demolished because of the dilapidated condition. There cannot be any dispute that the action taken by the officials for tendering the work for demolition etc. is bona fide. Even though the learned counsel for the petitioners submitted that there is an attempt to close down the pharmacy for other exterior motives, I do not think, this Court will be justified in adverting to any other contentions raised in this writ petition. 7. What remains is the plea of the petitioners for alternate space. The learned counsel for the petitioners vehemently contended that the facts stated in the statement filed by the learned Government Pleader with regard to the non-availability of alternate space are not correct and W.P.(C). No.5836/2010 -:4:- there are other vacant spaces in the premises itself for housing the pharmacy. It is pointed out that the pharmacy had been there for a long time catering to the needs of the poor patients and the denial of the same is against the interest of the Public at large. But, as regards this, it is upto the petitioners to move the higher authorities including the Government. If the petitioners approach the Government with a representation within a period of one week, the same will be considered by the Government expeditiously. The challenge against Ext.P9 therefore, fails. For facilitating the demolition of the building, the petitioners will have to shift the medicines and other items kept in the said premises and the same will be done without further delay. 8. While considering the request of the petitioners, the Government will also bestow attention to the services which were being rendered by the Orgnisation to the patients who were utilising the facility for nearly 25 years. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms