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Supreme Court - Daily Orders

Baiju K.G vs Dr. V. P. Joy on 18 August, 2022

Bench: D.Y. Chandrachud, A.S. Bopanna

                                                             1

     ITEM NO.29                                   COURT NO.3                       SECTION PIL-W

                                     S U P R E M E C O U R T O F             I N D I A
                                             RECORD OF PROCEEDINGS

                             CONMT.PET.(C) No. 244/2021 in W.P.(C) No. 213/2011

     BAIJU K.G & ORS.                                                               Petitioner(s)

                                                           VERSUS

     DR. V. P. JOY                                                                  Respondent(s)


         IA No. 30400/2021 - EXEMPTION FROM FILING O.T.)

     Date : 18-08-2022 These matters were called on for hearing today.

     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                     Mr.   P.N. Ravindran, Sr. Adv.
                                           Mr.   P. S. Sudheer, AOR
                                           Ms.   Anne Mathew, Adv.
                                           Mr.   Bharat Sood, Adv.
                                           Ms.   Shruti Jose, Adv.
                                           Mr.   Kamal Kant, Adv.

     For Respondent(s)                     Mr.   Jaideep Gupta, Sr. Adv.
                                           Mr.   Nishe Rajen Shonker, AOR
                                           Ms.   Anu K. Joy, Adv.
                                           Mr.   Alim Anvar, Adv.


                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 An affidavit has been submitted by the petitioners in response to the status report which has been filed by the State of Kerala on 4 August 2022. 2 Mr P N Ravindran, senior counsel appearing on behalf of the petitioners, submits that there is no grievance in regard to the work which is being rendered by the Signature Not Verified Digitally signed by Sanjay Kumar Date: 2022.08.18 District Health Authorities in Kasaragod, but the limitation arises due to the 16:51:15 IST Reason:

absence of proper infrastructural facilities for the treatment of the Endosulfan victims.
2

3 A report titled as “Situational Analysis of Healthcare Facilities for Endosulfan Victims in Kasaragod” is annexed to the affidavit of the petitioners. 4 In order to enable this Court to have an objective assessment of the medical and healthcare facilities which are available for the Endosulfan affected areas of Kasaragod at various levels, including the District Hospitals, General Hospitals, Community Healthcare Centres and Primary Healthcare Centres, we direct that the Secretary of the District Legal Services Authority 1, Kasaragod shall submit a report to this Court. The Secretary of the DLSA shall do so after visiting the healthcare facilities. The Secretary, DLSA shall submit a report on:

(i) The existing healthcare facilities; and

(ii) The facilities in regard to palliative care and physiotherapy. 5 The report shall cover the Endosulfan affected areas of Kasaragod District in Kerala, including at the District Hospitals, General Hospitals, Community Healthcare Centres and Primary Healthcare Centres. 6 Counsel instructing Mr Jaideep Gupta, senior counsel appearing on behalf of the State shall forward a copy of this order to the Secretary, DLSA, Kasaragod. 7 The Registrar (Judicial) shall forward a copy of this order to the Registrar General of the High Court so that the order can be made available to the Secretary, DLSA, Kasaragod. Counsel appearing on behalf of the State shall also provide a complete set of papers to the Secretary, DLSA, Kasaragod so as to facilitate the submission of the report.

1 “DLSA” 3 8 All concerned authorities of the State Government shall cooperate with the Secretary, DLSA by providing necessary information and other logistical support to facilitate site visits at the facilities.

9 The report shall be submitted within a period of six weeks. 10 List the proceedings on 21 October 2022.

         (SANJAY KUMAR-I)                               (SAROJ KUMARI GAUR)
         DEPUTY REGISTRAR                                   COURT MASTER