IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 27850 of 2009(S) -------------------------- PETITIONER: -------------- SUO MOTU PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM.SRI.TIRUR DINES,MALAPPURAM REGARDING THE UNLAWFUL SHIFTING OF AN HIC INFECTED INMATE OF RESCUE HOME TAVANNUR TO A PVT MEDITATION CENTRE. RESPONDENTS: ---------------- 1. GOVT OF KERALA REP.BY THE SECRETARY SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT, RESCUE HOME, TAVANOOR, MALAPPURAM DIST. 3. SRI.TIRUR DINESH,(PETITIONER MADE AS RESPONDENT),S/O.PALAKKAD SREEDEVI AMMA, TIRUR TALUK, TRIKANDIYOOR PO, MALAPPURAM,. R1 & R2 BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA. R3 BY ADV. SMT.K.V.BHADRA KUMARI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27850 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2011 JUDGMENT Antony Dominic, J. The writ petition was registered on the basis of a letter received from the 3rd respondent complaining that an HIV infected lady by name 'Mari' along with her 3½ year old baby were admitted in the rescue home at Tavanur and on realising that she was infected by AIDS, she along with the child, who was admitted in the Sisu Bhavan, Malappuram were shifted to the Divine Retreat Centre, Muringur run by private individuals. 2. Notice was ordered and the 2nd respondent has filed a statement. From the statement it is revealed that while staying in the rescue home, Smt.Mari had turned violent and therefore was taken for psycho-treatment in Medical College Hospital, Thrissur. According to the 2nd respondent, based on the information of the hospital authorities, patients were referred to Muringur where a Rev. Sister was running an institution looking after the patients like Mari. It is stated that WP(C) No. 27850 of 2009 -:2:- acting upon the opinion of the hospital authorities, Mari was taken to the said place and was admitted. Subsequently, she was brought back to the Rescue Home and was staying there. 3. Subsequently, Mari's son, Sri.Unnikrishnan, claimed the custody of Mari and on the orders of the District Collector, Malappuram he was given custody of his mother. Documents to substantiate the above averments also have been produced along with the statement. 4. From the statement it is evident that patient namely, Mari is no longer admitted in the Divine Retreat Centre as alleged by the 3rd respondent. Thus the issue raised by the 3rd respondent/petitioner does not survive any more for further consideration. In view of the above, the writ petition is closed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WP(C) No. 27850 of 2009 -:3:-