CITIZENS RIGHT PROTECTION COUNCIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest litigation filed by a registered body having registration No.KLM/TC/277/2014 as per the provisions of the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act , 1955. The issue raised by the petitioner is in relation to non utilization of a building constructed in Ward No.VIII of Kulasekharapuram Grama Panchayat, Kollam District, the third respondent herein. According to the petitioner, the building is constructed spending approximately an amount of Rs.24 lakhs from the funds allotted under the Member of Parliament Local Area Development Scheme (MPLAD), for the purpose of running an Anganvadi and also a Lab attached to Primary Health Centre. The case projected by the petitioner is that the foundation stone for the said building was laid on 20.1.2018 and the construction was completed on 20.6.2018. The inauguration of the building was done on 14.8.2018 by the Member of Parliament in presence of MLA of the respective constituency and other dignitaries. While half of the building that is about 600 sq.ft. is occupied by the Anganvadi, the remaining about 600 sq.ft. still remain unutilized, though all the furniture and other equipments for running the Primary Health Centre and the Lab have been purchased and kept in the building. It is the case of the petitioner that after the construction of the above building, in another ward i.e. Ward No.IX, hardly few hundred meters away, the Grama Panchayat had taken a small house on rent and the Primary Health Sub Centre is being operated there. Therefore, it is contended that no action is being taken by the Panchayat to utilise the building either as the Primary Health Centre or as lab causing serious prejudice to the people of the Panchayat and there is damage to the public property since it is remaining unutilised. That apart, it is submitted that a new building is being constructed for running the Primary Health Centre spending substantial public funds unnecessarily and more over, running of a Primary Health Centre in a small rented house having an area of 400 sq.ft. without utilising the building in question is with malafide intentions. Therefore, the following reliefs are sought for by the petitioner:

(2.) The third respondent Grama Panchayat has filed a detailed counter affidavit refuting the allegations and claims and demands raised by the petitioner and inter alia, it is contended that the building in question is constructed using the MP fund for the purpose of conducting an Anganvadi and also a Laboratory attached to a Primary Health Centre in Ward No.VIII. Eventhough the Anganvadi started functioning in the said building, the Laboratory has not so far started for want of sufficient equipments and arrangements to be made by the Health Department apart from non appointment of staff for managing the lab. It is pointed out that the Primary Health Sub Centre, which is functioning in Ward No.IX, is an independent establishment which has no co-relation with the Primary Health Centre and the laboratory envisioned by the Panchayat in Ward No.VIII. In fact on an enquiry made by the petitioner, it was informed by the Panchayat by Ext.P7 letter that the purpose of building constructed, evident from Ext.P2 photograph, is not for functioning Primary Health Sub Centre and that the Panchayat Committee has not taken any decision to shift the Primary Health Sub Centre to the building constructed by the Panchayat. The Panchayat Committee has also taken a decision to continue the functioning of the Primary Health Sub Centre in Ward No.IX itself evident from Ext.R3(b) decision taken by the Panchayat on 24.8.2019. It is also stated that the Panchayat is not aware whether the building in which the Primary Health Sub Centre in Ward No.IX is paid with rent since the same is not owned by the Panchayat, but on the other hand, sponsored by a Member of the Panchayat Committee. That apart, it is submitted that the contentions put forth by the petitioner that the Panchayat commenced construction of the building in Ward No.IX for shifting the Primary Health Sub Centre is not correct and it cannot be done also since the portion of the building constructed by the Panchayat in Ward No.VIII is set apart for functioning of the laboratory. Anyhow, it is pointed out that the Primary Health Sub Centre which was functioning in a private building is now shifted to a new building constructed in Ward No.IX itself for the said purpose. Therefore, according to the Panchayat petitioner has not made out any case against the Panchayat since the building of the Panchayat was constructed with a specific intention to start the Anganvadi and Primary Health Centre and a Laboratory.

(3.) A reply affidavit is filed by the petitioner reiterating the stand adopted in the writ petition and also producing certain documents.