IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 18546 of 2009(S) -------------------------- PETITIONER --------------- JAGRATHA SAMITHI,REG.NO.333/2000, CITY NAGAR - 30, CHINNAKKADA, KOLLAM, REPRESENTED BY ITS SECRETARY KUZHIYOM MURALI, RESIDING AT THADATHIVILA KIZHAKKATHIL, KUZHIYOM, CHEMMAKKAD P.O. KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, GOVERNMENT OF KERALA, THIRUVNANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, COLLECTORATE, KOLLAM. 4. THE SUPERINTENDENT, A.A. RAHIM MEMORIAM DISTRICT HOSPITAL, KOLLAM. 5. THE KOLLAM JILLA PANCHAYATH REPRESENTED BY ITS SECRETARY, THEVALLY P.O., KOLLAM. 6. A.A.RAHIM MEMORIAL DISTRICT HOSPITAL KOLLAM MANAGEMENT COMMITTEE, REPRESENTED BY ITS CHAIRMAN (PRESIDENT, KOLLAM JILLA PANCHAYATH, THEVALLY,KOLLAM) ADV. SRI.B.KRISHNA MANI FOR R5 R1 TO R3 BY G.P. SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.16.8.2001 ISSUED BY THE HEALTH AND FAMILY WELFAR DEPARTMENT. P2: TRUE COPY OF REPRESENTATION DT.20.6.2005 SUBMITTED BY THE PETITIONER TO THE MININSTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI. P3: TRUE COPY OF ORDER DT.1.6.2007 ISSUED BY R1. P4: TRUE COPY OF REPORT SUBMITTED BY R4. P5: TRUE COPY OF COMMUNICATION DT.4.8.2008 ISSUED BY R4. P5(a): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P5. P6:TRUE COPY OF C.T.SCAN RECORDS OF SMT.MANIYAMMA. P: TRUE COPY OF GOVT. ORDER G.O.(MS)NO.79/07/LSGD DT.14.3.2007 ISSUED BY R1. P8: TRUE COPY OF EXPENDITURE STATEMENT FOR THE MONTH OF DECEMBER 2007 OF THE DISTRICT HOSPITAL, KOLLAM. RESPONDENT'S EXHIBITS: R5(a): TRUE COPY OF STATEMENT OF ACCOUNTS IN RESPECT OF C.T.SCAN, DISTRICT HOSPITAL, KOLLAM ALONG WITH PASS BOOK FROM INDIAN BANK. R5(b): TRUE COPY OF COMMUNICATION DT.6.4.09 FROM THE DISTRICT PRESIDENT. R5(c): TRUE COPY OF PROCEEDING DT.2.9.2009. TRUE COPY PS TO JUDGE P.R. RAMAN, Ag. C.J. & C .N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. P. C. No. 18546 OF 2009 -------------------------------------------- Dated this the 23rd day of February, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner, Government Pleader and standing counsel appearing for the District Panchayath. The petitioner who was one time member of the District Hospital Management Committee has now raised complaint against the affairs of the Scan Centre operated by CT Scan Monitoring Committee. According to the petitioner, excessive charges are levied from the poor people for scanning and there is diversion of funds. Government Pleader and counsel appearing for the District Panchayath have denied the allegation and have stated that separate accounts are maintained to deposit the collections from the Scan Centre and expenditure which is in the nature of salary to staff, materials purchased, etc. is properly accounted. Details of bank accounts maintained in respect of Scan Centre are also furnished before this Court. After hearing all concerned, we find there is no material before us to show that any WPC 18546 of 2009 2 irregularity has taken place as of now, particularly when the accounts are subject to audit by the Department of Health and Accountant General. In any case, we feel investments of above Rs. 1.4 crores are made towards Scan Centre by the District Panchayath which means that public funds are utilised for acquiring the scan machine. This should be utilised for the benefit of the public including the poor. If there is any irregularity in the management or administration of funds, then the same requires to be corrected. Being the administrative head of the District, we feel the matter can be entrusted with the District Collector to oversee whether the Scan Centre is run for the benefit of the public and if any correction is required we direct him to rectify the same. The District Collector will also be free to refix the tariff to suit the requirement of the public, particularly poor people. Any person is free to bring to the notice of the District Collector in the form of a representation along with a copy of this judgment any irregularity which requires correction. We make it clear that Collector's decision WPC 18546 of 2009 3 will be binding on the Committee, including the Superintendent of District Hospital. W.P.C. is disposed of as above. (P.R. RAMAN) Ag. Chief Justice (C.N.RAMACHANDRAN NAIR) kk Judge.