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Kerala High Court

Mrs.Jannet Alex vs State Of Kerala And Others on 13 March, 2008

Author: H.L.Dattu

Bench: H.L.Dattu, K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8544 of 2008(S)



1. MRS.JANNET ALEX
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :13/03/2008

 O R D E R
                    H.L.DATTU, C.J. & K.T.SANKARAN, J.
                     ----------------------------------------------------
                           W.P.(C). NO. 8544 OF 2008 S
                     ----------------------------------------------------
                        Dated this the 13th March, 2008

                                      JUDGMENT

H.L.DATTU, C.J.

In our opinion, the writ petition filed by the petitioner is wholly premature. Before approaching this Court, the petitioner had made a request to the Principal Secretary, Health and Family Welfare Department, Government of Kerala, Thiruvananthapuram, on 30.11.2007, to the Chief Secretary, Government of Kerala, Thiruvananthapuram on 28.12.2007 and to the Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi on 15.1.2008. Even before the respondents could react to the request so made in the aforesaid representations, the petitioner has rushed to this Court for appropriate directions. In our opinion, as we have already noticed, the petition filed by the petitioner is wholly premature. A public interest litigant is expected to exhaust all the other remedies before the other forums and, as a last resort, should come before this Court for appropriate directions. In the instant case, even before the respondents could react to the representations filed by the petitioner, she has rushed to this Court. Therefore, for the present, we reject the Writ Petition. However, we reserve liberty to the writ petitioner to approach this Court at the appropriate time.

Ordered accordingly.

(H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/