KESHAB DEBBARMA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) By presenting the petition addressed to Hon'ble the Chief Justice and other Hon'ble Judges of the High Court of Tripura in the form of a Public Interest Litigation, the petitioners, Keshab Debbarma and Kartik D. Jamatia(Advocate), sought before this Court to issue appropriate writ/order/direction to the appropriate authorities in view of the breakout of malaria epidemic and death of many people in the year 2014 in the interior areas of Dhalai District, Unakoti District, North Tripura District and South Tripura District. It was alleged in the petition that malaria epidemic would not affect the people in such a large scale had effective steps were taken by the responsible authorities of the State. It was also alleged that proper health care was not provided which is a fundamental right of the common man of the country as guaranteed under Article 21 of the constitution and as a result many people died due to the malaria epidemic.

(2.) This Court by order dated 28.07.2014 treated the petition as a Public Interest Litigation and issued notice to the State of Tripura through the Chief Secretary to the Government of Tripura and the Principal Secretary to the Government of Tripura, Health Department.

(3.) In response to the notice respondent Nos.1 and 2 submitted their affidavit on 27.10.2014. The petitioners submitted a rejoinder affidavit on 17.03.2015 and thereafter respondent Nos.1 and 2 submitted another affidavit in response to the rejoinder affidavit on 27.05.2015. Considering those affidavits -in -opposition filed by respondent Nos.1 and 2 and considering the rejoinder affidavit filed by the petitioners, this Court passed a details order on 15.06.2015, which reads as follows : -