IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 22506 of 2008(D) -------------------------- PETITIONER: ------------ SABEENA.P. AGED 40 YEARS, W/O. SELVARAJ M.C. SHUBHALAYAM, BEACH ROAD, WEST HILL, CALICUT BY ADV. SRI.K.M.FIROZ RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF JAIL SUB JAIL, CALICUT, PUTHIYARA 2. GOVERNMENT AYURVEDA COLLEGE HOSPITAL PARIYARAM, KANNUR 3. GOVERNMENT AYURVEDA COLLEGE HOSPITAL BHAT ROAD, WEST HILL, CALICUT 4. GOVERNMENT AYURVEDA COLLEGE HOSPITAL THIRUVANANTHAPURAM. 5. THE CITY POLICE COMMISSIONER CALICUT CITY, CALICUT 6. THE CIRCLE INSPECTOR OF POLICE CHEVAYOOR POLICE STATION, CHEVAYOOR 7. THE STATION HOUSE OFFICER PANNIYANKARA POLICE STATION PANNIYANKARA, CALICUT 8. THE SUB INSPECTOR OF POLICE KASABA POLICE STATION, CALICUT-673 004 9. THE SUB INSPECTOR OF POLICE NADAKKAVU POLICE STATION, CALICUT. 10. THE SUB INSPECTOR OF POLICE CHERUPLASSERY POLICE STATION, PALAKKAD. 11. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT ,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.22506 of 2008 ================== Dated this the 8th day of August, 2008 J U D G M E N T The petitioner's husband met with a motor vehicle accident in which he is stated to have sustained very grievous injuries. After the initial allopathic treatment, he was advised to undergo ayurvedic treatment continuously so as to regain his health. The averment is that it is even difficult for him to walk and move. He was advised that if ayurvedic treatment is discontinued, he may even be crippled for life. While he was continuing treatment in the Government Ayurveda College Hospital, Pariyaram, he was arrested by the Police and lodged in the Calicut Sub Jail. According to the petitioner, the health of her husband is deteriorating day by day and he is unable to get continued ayurvedic treatment because of the fact that he is lodged in the jail. The petitioner's request in this regard has not been favourably considered. It is in the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To call for the records leading to Exhibit P5 to P8 and direct the respondents to give adequate and all reasonable Ayurvedic Treatment to the petitioner's husband, Sri.Selvarajan, S/o.Raman, as observed in Exhibit-P5 discharge card issued by the 2nd respondent Government Ayurveda College Hospital, Pariyaram, Kannur by issuing a writ of mandamus or any other appropriate writ direction or order; w.p.c.22506/08 2 ii) to direct respondents to give adequate Ayurvedic and other Medical treatment to the petitioner's husband and minimise his travelling in view of his peculiar condition of health by issuing a writ of mandamus or any other appropriate writ direction or order.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that if the petitioner's husband is really in need of ayurvedic treatment, the same should not be denied to him only on the ground that he is lodged in the jail. In the above circumstances, this writ petition is disposed of with the following directions: The Jail Doctor shall immediately examine the petitioner's husband and decide as to whether the petitioner is in fact in need of ayurvedic treatment for regaining his health. If he is of that opinion, the respondents shall immediately take appropriate steps to see that the petitioner's husband is given appropriate ayurvedic treatment at Government Ayurveda College Hospital, Pariyaram, at the expense of the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.22506/08 3