Allwyn Jorge vs State Of Goa Thr

Heard Mr. Kakodkar for the Petitioner. Mr. Shubham Priolkar, learned Additional Government Advocate appears for Respondent Nos.1 to 4. Ms. Nikhita Gaude, the Village Panchayat Secretary is also present in person.

Though, we had made it clear that we would dispose of this petition finally at the stage of admission, Mr. Priolkar requests that the matter may be posted for final hearing on some other date, if necessary, by considering petitioner's prayers for interim reliefs.

Ms. Nikhita, the Village Panchayat Secretary, who is present, states that the Panchayat will have no difficulties if the lock put up by the Medical Officer of the Primary Health Centre is opened and the petitioner and other senior citizens or members of the public are permitted to utilize the garden and recreational facilities.

Mr. Priolkar states that the medical officer, who has put this lock and who retains the key, has instructed him to say that the Panchayat should first appoint a watchman and only thereafter, the Medical Officer will hand over the key and allow the park and recreational facilities to be utilized by the members of the public.

In this case, we find that this issue about the usage of the park was considered at the highest levels. There is a Government decision placed on record at pages 55 and 56. The notings, after discussing the factual position, propose the following:-

“1. To instruct Health Officer to immediately open the gate.

The Panchayat may be instructed to appoint caretaker to avoid any uptoward incident .

The Panchayat to ensure that water and electricity is provided to the latrines and person to be appointed to maintain cleanliness of the same.”

The decision has been duly approved even by the Hon'ble Chief Minister.

Even the Directorate of Education, by communication dated 24. 06.2022, had requested the Sarpanch and the Health Officer to keep the main gate of GPS, Carmona, open throughout.

In any case, we do not think that the Medical Officer or the Health Officer is empowered to take law in his own hands and put a lock on a facility which is meant for the members of the public. The issue about appointment of watchman or caretaker can of course be sorted out by the Government with the Panchayat. However, this does not entitle the Medical Officer to himself put a lock to the facility or to prevent any members of the public from utilizing this facility.

Therefore, by way of interim relief, we direct the Respondents, including in particular the Respondent No.4 to forthwith remove the lock and open the public recreational facility and the two new toilets at Jorge Ward in Carmona so that the members of the public can have free access to the same.

The Medical Officer/Health Officer must ensure that the lock is opened by 5:00 p.m. today. Mr. Priolkar states that he will give the necessary intimation to the Respondents whom he represents, including in particular, this Medical Officer/Health Officer.

The Panchayat to take steps to see that the community toilets are kept clean and there is sufficient water supply therein.

This petition is now posted for final disposal on 07.09.2022. If any of the Respondents wish to file any replies, they may do so on or before the said date.