IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 32395 of 2008(S) -------------------------------------- PETITIONER: ------------------- A. GOURISHANKER, S/O.LATE DR.K.V.ANANTHAKRISHNA IYER, SRI LAKSHMI, H.P.O.COLLEGE ROAD, PALAKKAD DISTRICT, KERALA STATE- 678 001. BY ADVS. SRI.O.RAMACHANDRAN NAMBIAR, SRI.GEEN T.MATHEW. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. HEALTH SECREARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DRUGS CONTROLLER GENERAL OF INDIA, DIRECTORATE GENERAL OF HEALTH SERVICES, CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN,NEW DELHI-110011. 4. THE DIRECTOR GENERAL, INDIAN COUNCIL OF MEDICAL RESEARCH, ANSARI NAGAR, NEW DELHI 110029. 5. DR.C.S.PAULOSE, CENTRE FOR NEUROSCEINCE, HEAD OF DEPARTMENT OF BIO TECHNOLOGY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, ERNAKULAM- 682 022,KERALA STATE. W.P.(C). NO.32395/2008-S: 6. DR.P.S.JOHN, PROFESSOR & HEAD OF DEPARTMENT, MEDICAL COLLEGE , GANDHI NAGAR POST, KOTTAYAM DISTRICT- 686 008,KERALA STATE. 7. P.C.KISHORE, S/O.P.G.CHANDRAN, POOVATHUNKADAVIL HOUSE, PANANGAD POST, KODUNGALLUR, THRISSUR DISTRICT, KERALA STATE. 8. S.VIJAYA MOHAN, ABBA COTTAGE, OACHIRA POST- 690 526, KOLLAM DISTRICT, KERALA STATE. R1 & R2 BY GOVT. PLEADER SMT. MEERA, R3 & R4 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G., R5 & R6 BY ADVS. SRI.K.S.BABU, SMT.N.SUDHA, R7 & R8 BY SRI.ANTONY MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32395/2008-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 19/06/2002 ISSUED BY THE DISTRICT HOSPITAL, PALAKKAD TO THE PETITIONER REGARDING THE DISABILITY OF THE PETITIONER. EXT.P.2: COPY OF THE NEWS ITEM PUBLISHED IN THE “MALAYALA MANORAMA” DAILY DTD. 23/05/2008. EXT.P.3: COPY OF THE CONSENT LETTER DTD. 02/06/2008 GIVEN BY THE PETITIONER TO THE 5TH AND 6TH RESPONDENTS. EXT.P.4: COPY OF THE RESEARCH REPORT. EXT.P.5: COPY OF THE LETTER DTD. 30/08/2008 SENT BY THE R.6 TO THE R.3. EXT.P.6: COPY OF THE LETTER DTD. 30/08/2008 SENT BY THE R.6 TO THE R.4. EXT.P.7: COPY OF THE LETTER DTD. 29/09/2008 SENT BY THE R.5. TO THE R.3. EXT.P.8: COPY OF THE LETTER DTD. 29/09/2008 SENT BY THE R.5. TO THE R.4. EXT.P.9: COPY OF THE LETTER DTD. 05/09/2008 SENT BY THE R.7 TO THE PRESIDENT OF INDIA. EXT.P.10: COPY OF THE LETTER DTD. 05/09/2008 SENT BY THE R.7 TO THE PRIME MINISTER OF INDIA. EXT.P.11: COPY OF THE LETTER DTD. 05/09/2008 SENT BY THE R.7 TO THE CHIEF MINISTER OF KERALA. EXT.P.12: COPY OF THE LETTER DTD. 05/09/2008 SENT BY THE R7 TO THE HEALTH MINISTER OF KERALA. EXT.P.13: COPY OF THE LETTER DTD. 21/08/2008 SENT BY THE R.8 TO THE PRESIDENT OF INDIA. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE DETAILS OF STUDY ON NEW COMBINATION OF NEUROTRANSMITTERS FOR FACILITATING THE RE-ESTABLISHMENT OF CONNECTION BETWEEN INJURED NEURONS OF SPINAL CORD. W.P.(C). NO.32395/2008-S: EXT.R7.A: COPY OF THE DISCHARGE SUMMARY ISSUED FROM KOVAI MEDICAL CENTER AND HOSPITAL LIMITED, COIMBATORE DTD. 19/12/2001. EXT.R7.B: COPY OF THE DISABILITY CERTIFICATE DTD. 18/05/2004 ISSUED FROM V.S.M. HOSPITAL, MAVELIKKARA. EXT.R8.A: COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED FROM INDO-AMERICAN HOSPITAL (BRAIN AND SPINE CENTRE), VAIKOM, KERALA DTD. 11/04/2003. EXT.R8.B: COPY OF THE DISABILITY CERTIFICATE DTD. 20/05/2006 ISSUED THE MEDICAL BOARD DISTRICT HOSPITAL, KOLLAM. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.P. © No. 32395 of 2008 S --------------------------------------- Dated this the 19th day of January, 2009 Judgment Koshy,Ag.C.J. Petitioner is an advocate by profession. He is laid up from 1966 onwards due to paralysis consequent to an accidental injury. Petitioner undertook treatment from Britain, USA etc. and he is not having any improvement. Ext.P1 shows the extent of disability. Petitioner's spinal chord is affected. Petitioner found from Ext.P2 that a new technique is developed by the sixth respondent for the purpose of curing spinal chord injury and re- establishing the connections with scientific evidence. Petitioner wants to try that treatment on him. Ext.P3 is the consent given by the petitioner to 5th and 6th respondents. Petitioner being an educated man also considered various medical journals and he is prepared to undergo the treatment. 7th and 8th respondents also want this type of treatment, but, they have not filed any writ petition. 2. Learned Government Pleader informed that the matter is referred to the Ethical Committee and treatment can be W.P.(C) No.32395/2008 2 done after getting the approval of Ethical Committee. Since the matter is already placed before the Ethical Committee, we dispose of the writ petition directing the Ethical Committee to decide the matter as expeditiously as possible, in any event, within one month from today. The writ petition is disposed of accordingly. J.B.Koshy Acting Chief Justice V. Giri Judge vaa