Kerala High Court
Dr.V.N.Sreekandan Nair vs State Of Kerala on 3 August, 1985
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934
WP(C).No. 31680 of 2010 (H)
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PETITIONER(S):
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1. DR.V.N.SREEKANDAN NAIR, AGED 48
S/O.NARAYANA PANICKER, SREELAKSHMI, PERINGAMMALA
KALLIYOOR PO, TRIVANDRUM.
2. DR. MARRISAN,
S/O. A.C.K.DURAISWAMI NADAR, POPULAR CLINIC
MANGALATHUKONAM, KATTACHALKUZHI PO.
BY ADV. SRI.S.S.RAJESH
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN- 695 001
2. THE CENTRAL COUNCIL OF HOMOEOPATHY
REPRESENTED BY ITS SECRETARY, 10-COMMUNITY CENTRE
BASANT LOK, VANSANTH VIHAR, NEW DELHI 110 057
3. THE REGISTRAR
TRAVANCORE COCHIN MEDICAL COUNCIL
THIRUVANANTHAPURAM 695 001
4. DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN- 695 001
R3 BY ADVS. SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.N.REGHURAJ, SC
BY ADV. SRI. P. PARAMESWARAN NAIR, ASGI
BY SR. GOVT. PLEADER SRI. K.C. VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-03-2013, ALONG WITH WPC. 3596/2013, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 31680 of 2010 (H)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : PHOTOCOPY OF CERTIFICATE ISSUED BY THE BOARD OF
GOVERNMENT EXAMINATIONS IN HOMOEOPATHIC MEDICINE AND
SURGERY.
EXT.P2 PHOTOCOPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE
TRAVANCORE COCHIN MEDICAL COUNCIL DATED 3.8.1985 TO THE
PETITIONER.
EXT.P3 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE FOUNDATION FOR
INTEGRATED RESEARCH IN MENTAL HEALTH TO THE PETITIONER.
EXT.P4 PHOTOCOPY OF CERTIFICATE ISSUED BY THE BOARD OF
GOVERNMENT EXAMINATIONS IN HOMOEOPATHIC MEDICINE AND
SURGERY ISSUED TO THE PETITIONER.
EXT.P5 PHOTOCOPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE
TRAVANCORE COCHIN COUNCIL OF HOMOEOPATHIC MEDICINE DATED
16.6.1979 ISSUED TO THE PETITIONER.
EXT.P6 PHOTOCOPY OF THE CERTIFICATE NO. 337 ISSUED BY THE TAMIL
NADU HOMOEOPATHY COUNCIL DATED 18.6.1987 IN FAVOUR OF THE
PETITIONER.
EXT.P7 PHOTOCOPY OF FIVE YEARS PRACTICE REFERRED TO IN SECTION 23
(2) DATED 23.7.2010 ISSUED BY THE DEPUTY DIRECTOR OF HEALTH,
TRIVANDRUM (RETIRED).
EXT.P8 PHOTOCOPY OF THE GOVERNMENT ABSTRACT G.O. NO. 1244/88/BHAM
DATED 9.5.1988.
EXT.P9 PHOTOCOPY OF THE GOVERNMENT ABSTRACT G.O. NO. 85/96-AY(MM)
DATED 30.10.96.
EXT.P10 PHOTOCOPY OF COMMUNICATION DATED 16.6.2010 FROM HEALTH
AND FAMILY WELFARE DEPARTMENT.
(Contd...)
WP(C).No. 31680 of 2010 (H)
EXT.P11 PHOTOCOPY OF THE REPRESENTATION MADE BY THE 2ND
PETITIONER DATED 31.8.2010 TO THE SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH.
EXT.P11(a) PHOTOCOPY OF THE REPRESENTATION MADE BY THE 1ST
PETITIONER DATED 5.8.2010 TO THE SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
P.R. RAMACHANDRA MENON, J.
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W.P.(C). Nos. 31680/2010
& 3596 of 2013
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Dated this the 11th day of March, 2013
JUDGMENT
The prayers raised by the petitioners in these cases are almost similar. The prayers in W.P.(C).No. 3596 of 2013 are extracted below:
"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to permit the petitioner to practice in Modern Medicine without any hindrance and to protect the petitioner as per Section 38(i) of the Travancore Cochin Medical Practitioners Act 1953.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent not to harass the petitioner any more on the accusation of Section 38 of Tranvancore Cochin Medical Practitioners Act since he being requested for permanent exemption and also he is a qualified medical practitioner who can practice modern medicine.
W.P.C. No.31680/10&3596/13 -2-
iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant exemption to the petitioner under Section 38 of the Travancore Medical Practitioners Act 1953 as per Ext.P10 abstract and Ext.P11 Government Order.
iv) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to consider and pass appropriate order on Ext.P13 representations submitted by the petitioner."
2. When the matter is taken up for consideration, the learned counsel for the petitioners submits that the request of the petitioners for enabling them to practise in Modern Medicine is pending consideration before the 1st respondent by way of Ext.P13 (in W.P.(C).No.3596/2013) and Exts.P11/P11(a) (in W.P. (C).No.31680/2010) and that the petitioners will be satisfied if a direction is given to the said respondent to consider and finalize Exts.P13 and P11/P11(a) within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of relief sought for, this Court does not find it necessary to deal with the eligibility of the W.P.C. No.31680/10&3596/13 -3- petitioner or otherwise and to adjudicate the matter on merits. The writ petitions are disposed of, directing the 1st respondent to pass appropriate orders on Exts.P13 and P11/P11(a) in accordance with law, after giving an opportunity of hearing to the petitioners, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-