Kerala High Court
M.K.Chandramani vs State Of Kerala on 25 May, 2010
Author: K.M.Joseph
Bench: K.M.Joseph, M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20424 of 2009(W)
1. M.K.CHANDRAMANI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent :SRI.N.RAGHURAJ, SC, TCMC & KNMC
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :25/05/2010
O R D E R
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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W.P.(C) No.20424 of 2009-W
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Dated, this the 25th day of May, 2010
J U D G M E N T
K.M.Joseph, J.
The prayers in the writ petition are as follows:--
"i. to declare that the petitioners are entitled to practice electropathy/electro homeopathy and neither the respondents nor any other person or persons have any manner of right or 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 direction or order directing the respondents not to interfere with electropathy/electro homeopathy practice of the petitioners. Iii. To issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd and 3rd respondents not to harass or to intimidate the petitioners or to obstruct them in their practice in electropathy/electro homeopathy."
2. Briefly put, the case of the petitioners is as follows:-- Petitioners are practitioners of electropathy/electro homeopathy. There is no statute, rules or regulations restricting the practice of electropathy/electro homeopathy. They have fundamental right under Article 19 (1) (g) of the WPC 20424/2009 -2- Constitution. Petitioners have produced Exts.P1 and P2 certificates. Exts.P5 is the judgment of this Court and Ext.P6 is the judgment of High Court of Delhi which are in their favour. Ext.P7 is the order of the Directorate of Health Services , Government of NCT, Delhi. Ext.P8 is the judgment of the Division Bench of this Court.
3. We would think that the issue raised ought to be answered on the lines of Ext.P8 judgment. We respectfully follow the same and dispose of the writ petition as follows:
The State or its agents shall not interfere in the practice of electropathy/electro homeopathy by the petitioners. But, the petitioners shall not use designations like 'Doctor' etc. They shall not practice Modern 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 Act or other relevant Acts or Rules. If the petitioners continue with the practice of electropathy/electro homeopathy without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioners commit some cognizable offence by WPC 20424/2009 -3- practicing electropathy/electro homeopathy, the police have no power or authority to interfere with their practice or summon them to the police station with a view to prevent their 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 petitioners violate any statutory provision.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS