IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 7524 of 2009(S) ------------------------- PETITIONERS: --------------- MATHEWS K. BABY, S/O.BABY, KATTAKKAYAM HOUSE, PATTIMATTOM P.O.,CHENGARA KARA, ERNAKULAM DISTRICT. BY ADV. SRI.N.K.POULOSEKUTTY SRI.P.M.MANASH RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. HEALTH SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TVM' 3. THE DRUGS CONTROLLER GENERAL OF INDIA, DIRECTORATE GENERAL OF HEALTH SERVICES, CENTRAL DRUGS STANDARD CONTROL ORGANISATION, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDAI, NIRMAN BHAVAN, NEW DELHI 110 001. 4. THE DIRECTOR GENERAL, INDIAN COUNCIL OF MEDICAL RESEARCH, ANSARI NAGAR, NEW DELHI 110 029. 5. DR.C.S. PAULOSE, CENTRE FOR NEUROSCIENCE, HEAD OF DEPARTMENT OF BIO-TECHNOLOGY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, ERNAKULAM 682 022, KERALA STATE. 6. DR,P.S. JOHN, PROFESSOR & HEAD OF DEPARTMENT, MEDICAL COLLEGE, GANDHI NAGAR POST, KOTTAYAM DISTRICT 08, KERALA STATE. WPC : 7524/09 7. P.C. KISHORE, S/O. P.G. CHANDRAN, POOVATHUKADAVIL HOUSE, PANANGAD POST, KODUNGALLUR, THRISSUR DIST, KERALA STATE. 8. S.VIJAYA MOHAN, ABBA COTTAGE, OACHIRA POST 690 526, KOLLAM DISTRICT, KERALA STATE. R1 & R2 BY SR. GOVT. PLEADER, SMT.K.MEERA R3 & R4 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7524 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 31st day of July, 2009 JUDGMENT S.R.Bannurmath, C.J. This Writ Petition is filed as Public Interest Litigation (PIL). From the averments made, it is seen that the petitioner intends to get a new type of medical treatment said to have been developed by respondents 5 and 6, for his ailment and he wants similarly placed sufferers also to get the same treatment, and as such the PIL. 2. So far as taking treatment of a particular type is left to individual discretion, it is open for anybody to either go for the traditional or other methods of medical treatment. For this, no direction or permission of the High Court is required. It appears to us that only to promote and get validation for the new treatment evolved by respondents 5 and 6, the present Writ Petition, in the form of PIL, is filed and as such, prima facie, it is not maintainable. WP(C) No. 7524/09 -:2:- 3. However, after arguing for some time, the learned counsel for the petitioner seeks permission to withdraw the Writ Petition. Permission is granted and the Writ Petition is dismissed as withdrawn. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb