Kerala High Court
N.G. Vijayalakshmi vs State Of Kerala on 22 May, 2014
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 22ND DAY OF MAY 2014/1ST JYAISHTA, 1936
WP(C).NO. 12833 OF 2014 (D)
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PETITIONER:
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N.G. VIJAYALAKSHMI, AGED 58 YEARS,
W/O. LATE BABU, THACHAPPILLIL HOUSE, ANJALPETTY P.O,
ONAKKUR.
BY ADVS.SRI.A.T.ANILKUMAR,
SMT.V.SHYLAJA.
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY TO THE GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM, PIN - 695 001.
3. TRAVANCORE COCHIN MEDICAL COUNCIL,
REPRESENTED BY ITS SECRETARY, RED CROSS ROAD,
TRIVANDRUM, PIN - 695 001.
R1 & R2 BY GOVERNMENT PLEADER SMT. C.K. SHERIN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.12833/2014 - D:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE DIPLOMA CERTIFICATE ISSUED BY THE
INSTITUTE OF ALTERNATIVE MEDICINES AND RESEARCH.
EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 19484/2008.
EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 15582/2005.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
A.M. Shaffique, J.
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W.P(C) No. 12833 of 2014
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Dated this, the 22nd day of May, 2014.
J U D G M E N T
Petitioner has sought for the following reliefs:
"A. Declare that petitioner is entitled to practice Electropathy and that neither the respondents nor any other person or persons have any manner of authority to interfere with the petitioner's practice for the aforesaid system of medicine.
B. Issue a writ of mandamus or any appropriate writ, order or direction to the respondents not to interfere with the practice of alternative system of medicine of the petitioner."
2. The issue is covered in the judgments in W.P(C) No. 19484/2008 and connected cases as well as the judgment of the learned Single Judge in W.P(C) No. 15582/2005. In that regard, the observations made by the Division Bench in W.P(C) No. 19484/2008 is relevant, which reads as under:
"4. It is one of the fundamental principles of rule of law that a citizen is free to do anything not prohibited by law. Every State action must be supported by a statutory provision. If a citizen challenges a State action the State must be able to show the strict legal pedigree of its action. Otherwise, the courts will invalidate that action. In this case, the respondents have not brought to our notice any law, which prohibits the practice of Electropathy/Electro-Homeopathy. So the State or its agents shall not interfere with the same. But the petitioners shall not use designations like 'Doctor' etc. They shall not practice Modern W.P(C) No. 12833 of 2014 -: 2 :- Medicine, Homeopathy or any of the Indian Systems of Medicine. They shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Ac or other relevant Acts or Rules. If the petitioners continue their Electropathy/Electro-Homeopathy practice, without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioners commit some cognizable offence by practising Electropathy/Electro-Homeopathy, the police have no power or authority to interfere with their practice or summon them to police station with a view to prevent their practice of Elecropathy/Elecro-Homeopathy.
5. It is clarified that this judgment will not affect the powers of the State or its agents to proceed with in accordance with law, if the petitioners are found to act in violation of any statutory provision."
In the above circumstances, the writ petition is disposed of and it is made clear that the judgment of the Division Bench in the above cases would govern this writ petition also.
Sd/- A.M. Shaffique, Judge. Tds/