Kerala High Court
Hamsa M.M vs State Of Kerala on 21 November, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY,THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
WP(C).No. 31058 of 2014 (F)
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PETITIONER(S):
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HAMSA M.M., AGED 48 YEARS,
S/O.M.S.MAIDEEN, MANALIKKUDI HOUSE,
ADIMALI, DEVIKULAM TALUK-685561.
BY ADVS.SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENT(S):
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1. STATE OF KERALA,
REP.BY HOME SECRETARY TO THE GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILYWELFARE,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. TRAVANCORE COCHIN MEDICAL COUNCIL,
REPRESENTED BY ITS SECRETARY,
RED CROSS ROAD, TRIVANDRUM-695001.
R1 & 2 BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT
R3 BY ADV. SRI.N.RAGHURAJ, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 31058 of 2014 (F)
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APPENDIX
PETITIONERS' EXHIBITS
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P1: COPY OF THE DIPLOMA CERTIFICATE ISSUED BY THE INSTITUTE OF
ALTERNATIVE MEDICINES AND RESEARCH
P2: COPY OF THE MARK LIST OF THE PETITIONER ISSUED BY THE INDIAN
COUNCIL OF ALTERNATIVE MEDICINES
P3: COPY OF THE POST GRADUATION CERTIFICATE
P4: COPY OF THE DEGREE CERTIFICATE
P5: COPY OF THE JUDGMENT IN WPC.19484/2008
P6: COPY OF THE JUDGMENT IN WPC.15582/2005
P7: COPY OF THE JUDGMENT IN WPC.16461/14
P8: COPY OF THE JUDGMENT REPORTED IN 2012(3) KLT 588.
RESPONDENTS' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.31058 of 2014
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Dated this the 21st day of November, 2014
JUDGMENT
The petitioner claims that he is a qualified practitioner of Electro-Homeopathy. It is further submitted no law commands that the petitioner shall obtain any registration from any statutory body to practice Electro-Homeopathy. The petitioner relies on Exts.P7 and P8 judgments of this Court and submits that the petitioner is entitled to practice Electro-Homeopathy. However, it is submitted that the second respondent and the officials attached to the second respondent and the police officials are interfering with the peaceful practice of Electro-Homeopathy by the petitioner. This Court in Ext.P8 judgment held that the State shall not interfere in the practice of Electropathy/Electro-Homeopathy by the writ petitioner therein. However, it is made clear that W.P.(C) No.31058 of 2014 2 such practitioner shall not use the designation like Doctors etc. and shall not practice modern principles. Therefore, it is clear that the petitioner can practice Electro-Homeopathy. However, he shall not use any designation like Doctor or shall not indulge in modern medicine of Homeopathy or any other Indian System of Medicine which require a registration under the law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln