Kerala High Court
K.P.Ismayil vs State Of Kerala on 26 November, 2009
Author: K.M.Joseph
Bench: K.M.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934
WP(C).No. 3176 of 2013 (V)
--------------------------
PETITIONER(S):
--------------------------
K.P.ISMAYIL, AGED 31 YEARS,
S/O. MOHAMMEDKUTTY, KARINKAPPARA, KAREKKAD ROAD,
KOLAMANGALAM, VALANCHERY, PIN-676 552,
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENT(S):
----------------------------
1. STATE OF KERALA,
REPRESENTED BY CHIEF SECREARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE SUB INSPECTOR OF POLICE,
VALANCHERY POLICE STATION, VALANCHERY POLICE STATION,
VALANCHERY-676 552, MALAPPURAM DISTRICT.
3. THE DISTRICT POLICE CHIEF,
MALAPPURAM-676 505.
4. TRAVANCORE COCHIN MEDICAL COUNCIL,
REPRESENTED BY ITS SECRETARY, RED CROSS ROAD,
THIRUVANANTHAPURAM-695 001.
BY ADDITIONAL ADVOCATE GENERAL SRI.P.C.IYPE
R1 TO R3 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN
R4 BY ADV. SRI.N.RAGHURAJ, SC, TCMC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04-02-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.NO.3176/2013 V
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 26-11-2009
ISSUED TO THE PETITIONER BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P2 TRUE COPY OF CERTIFICATE IN BACHELOR OF ELECTROPATHY
MEDICNE & SUREGERY (BEMS) DATED 26-11-2009 ISSUED TO THE PETITIONER BY
ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P3A TRUE COPY OF MARK SHEET OF THE PETITIONER IN PART 1 OF
BEMS ISSUED BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P3B TRUE COPY OF MARK SHEET OF THE PETITIONER IN PART 2 OF
BEMS ISSUED BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P3C TRUE COPY OF MARK SHEET OF THE PETITIONER IN PART 3 OF
BEMS ISSUED BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P4 TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 23-11-10
ISSUED TO THE PETITIONER BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P5 TRUE COPY OF CERTIFICATE M.D. (IA) DATED 23-11-2010 ISSUED TO
THE PETITIONER BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P6 TRUE COPY OF MARK SHEET OF THE PETITIONER IN PART 1 OF M.D.
(IA) ISSUED BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P7 TRUE COPY OF NO OBJECTION CERTIFICATE DATED 1-12-2010
ISSUED BY ALTERNATIVE MEDICAL COUNCIL, CALCUTTA.
EXT.P8 TRUE COPY OF ORDER NO. V. 25011/276/2009-HR DATED 5-5-2010
ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF HEALTH & FAMILY WELFARE.
EXT.P9 TRUE COPY OF ORDER R. 14015/25/96-U & H (R) (PT)DATED
25-11-2003 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY
WELFARE.
EXT.P10 TRUE COPY OF JUDGMENT DATED 17-12-2008 IN WPC NO. 19484/2008
PASSED BY THIS HON'BLE COURT.
Kss ..2/-
...2....
WPC.NO.3176/2013 V
EXT.P11 TRUE COPY OF JUDGMENT DATED 25-1-2010 IN WPC NO. 28145/2009
PASSED BY THIS HON'BLE COURT.
EXT.P12 TRUE COPY OF THE JUDGMENT DATED 4-2-20-10 IN WPC NO.
32551/2009 PASSED BY THIS HON'BLE COURT.
EXT.P13 TRUE COPY OF JUDGMENT 25-5-2010 IN WPC NO. 20424/2009 PASSED
BY THIS HON'BLE COURT.
EXT.P14 TRUE COPY OF JUDGMENT DATED 19-7-2011 IN WPC NO. 17876/2011
PASSED BY THIS HON'BLE COURT.
EXT.P15 TRUE COPY OF REPRESENTATION DATED 29-1-2013 SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
------------------------------------------------------------
W.P.(C) No.3176 of 2013
-----------------------------------------
Dated, this the 4th day of February, 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking the following reliefs:
"i). to declare that the petitioner is entitled to practice Electropathy/Ellectro Homeopathy and that neither the respondents nor any other person or persons have any manner of authority to interfere with the petitioner's practice of the aforesaid system of medicine;
ii). to issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 and 3 not to harass or intimidate the petitioner or obstruct him in the course of his practice in Electropathy/Electro Homeopathy.
iii). to direct the 2nd respondent to follow the directions issued by this Hon'ble Court in Exhibits P10 to P14 judgments and direct the 2nd respondent not to interfere with the practice of the petitioner in Electropathy/Electro W.P.(C) No.3176 of 2013 2 Homeopathy and
iv). to direct the 3rd respondent to consider and take effective action on Exhibit P15 representation in the light of the dictum laid down in Exhibits P10 to P14 judgments."
2. Briefly put, the case of the petitioner is as follows:
Petitioner is a practitioner in Electropathy which is a system of medicine and classified as an alternative medicine. Exts.P1 to P6 would show that the petitioner has got necessary qualification for the same. In spite of Exts.P10 to P14 judgments passed by this Court in identical cases, petitioner is being frequently summoned to the police station by the 2nd respondent. Exts.P8 and P9 would show that the practice of Electropathy/Electro Homeopathy is not prohibited. The dictum laid down in Exts. P10 to P14 judgments is binding on the 2nd respondent. Hence, the petition.
3. We heard the learned counsel for the petitioner, learned Government Pleader and learned counsel on behalf of the 4th respondent. We see no reason why we should not grant the reliefs which are accorded to the petitioners in Exts.P10 to P14 judgments. Accordingly, we dispose of the writ petition as follows:
The State or its agents shall not interfere in the practice of electropathy/electro homeopathy by the petitioner. But, the petitioner shall not use designations like 'Doctor' etc. He shall not practice Modern W.P.(C) No.3176 of 2013 3 Medicine, Homeopathy or any of the Indian systems of Medicine. He shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioner continues with the practice of electropathy/electro homeopathy without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioner commits some cognizable offence by practicing electropathy/electro homeopathy, the police have no power or authority to interfere with his practice or summon him to the police station with a view to prevent his practice of electropathy/electro homeopathy. We make it clear that it will be open to the State or its agents to proceed in accordance with law if the petitioner violates any statutory provision.
(K.M.JOSEPH) JUDGE.
( K.RAMAKRISHNAN) JUDGE.
MS