Kerala High Court
V.N.Mohan Raj vs Union Of India on 1 October, 2016
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
WP(C).No. 8823 of 2017 (S)
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PETITIONER(S):
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V.N.MOHAN RAJ,
T.C.LAW CHAMBERS, COMBARA, POOTHULLY BUILDING, 2ND FLOOR,
ROOM NO.3, NEAR HIGH COURT, KOCHI-682 018.
BY ADV. SRI.V.M.MOHAN RAJ (PARTY IN PERSON)
RESPONDENT(S):
-------------------
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
GRIH MANTRALAYA, NORTH BLOCK, NEW DELHI-110 001.
2. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
R1 BY ADV. SRI.H.GOPAKUMAR, CGC
R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R BY SRI. K.V. SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8823 of 2017 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS:
------------------------------
EXHIBIT P1- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED
01/10/2016 WITH ENGLISH TRANSLATION.
EXHIBIT P2- TRUE COPY OF PAPER CUTTING OF NIMS HOSPITAL IN
MATHRUBHOOMI DAILY WITH ENGLISH TRANSLATION.
EXHIBIT P3- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED
13/03/2014 WITH ENGLISH TRANSLATION.
EXHIBIT P4- TRUE COPY OF PAPER CUTTING OF MANORAMA DAILY DATED
14/01/2016 WITH ENGLISH TRANSLATION.
EXHIBIT P5- TRUE COPY OF PAPER CUTTING OF MANORAMA DAILY DATED
14/01/2016 WITH ENGLISH TRANSLATION.
EXHIBIT P6- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DT.
08.06.2015 WITH ENGLISH TRANSLATION.
EXHIBIT P7- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DT.
26.04.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P8- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED
08/03/2016 WITH ENGLISH TRANSLATION.
EXHIBIT P9- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED
11/03/2016 WITH ENGLISH TRANSLATION.
EXHIBIT P10- TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DT.
16.03.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P11- TRUE COPY OF SUBMISSION DATED 31/03/2015 MADE BY THE
PETITIONER BEFORE THE HON'BLE STATE MINISTER OF HEALTH WITH COPY TO THE
DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS: NIL
--------------------------------
True Copy/
P.A to Judge.
rv
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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W.P.(C) No. 8823 of 2017 (S)
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Dated this the 16th day of March, 2017.
JUDGMENT
Antony Dominic,J.
The petitioner has filed this writ petition as a public interest litigation with the following prayers:
1.Issue an order or direction, directing the respondents to restrict dialysis in such a manner that its applying to patients shall not impair the functioning of kidney;
2.Issue a writ of mandamus or any other appropriate writ, order or direction, commanding to be brought punishable the responsible authorities under Section 320(5) of IPC, and payable compensation in the case if kidney of a patient was able to excrete urine just before applying dialysis and ceases its ability to excrete urine after applying dialysis;
3.Direct the respondents to take effective measures to check the successful compliance of the above aspects so as not to fail it by fraudulent means;
4.Direct the respondents to exempt those who are now under dialysis from the orders of this writ petition.
2. After having heard the learned counsel for the petitioner and going through the pleadings in the writ petition, we are of the view that they are general, vague and unacceptable. Secondly, such general reliefs would interfere with the treatment W.P.(C) No. 8823/2017 -2- process and the judgments of the experts in medical field and therefore they cannot be granted. We are not persuaded to entertain this writ petition.
Accordingly, this writ petition is dismissed.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv W.P.(C) No. 8823/2017 -3-