Kerala High Court
Rengamma vs State Of Kerala on 6 January, 2021
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.234 OF 2021(D)
PETITIONERS:
1 RENGAMMA, AGED 80 YEARS
D/O. LATE KARUTHALA MASI MOOPEN, TRUSTEE MEMBER,
INDIAN HERBAL THERAPY AND RESEARCH FOUNDATION,
RESIDING AT VATTULAKKY, MATTATHU KADU (POST),
ATTAPPADI, MANNARKKAD TALUK, PALAKKAD-678582.
2 ALICE MATHEW, AGED 59 YEARS
D/O. RENGAMMA, TRUSTEE MEMBER, INDIAN HERBAL THERAPY
AND RESEARCH FOUNDATION, THENKERA P.O.,, MANNARKKAD,
PALAKKAD DISTRICT-678582.
3 M.I. MATHEWS VAIDYAR, AGED 69 YEARS
S/O. ITTOOP, MANAGING TRUSTEE, INDIAN HERBAL THERAPY
AND RESEARCH FOUNDATION, THENKARA P.O., MANNARKKAD,
PALAKKAD DISTRICT-678582.
4 SHERJEE MATHEWS, AGED 35 YEARS
S/O. MATHEWS VAIDYAR, INDIAN HERBAL THERAPY AND
RESEARCH FOUNDATION, THENKERA P.O., MANNARKKAD,
PALAKKAD DISTRICT-678582.
BY ADV. SRI.SIVAN MADATHIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM-695001.
3 THE SECRETARY TO GOVERNMENT,
HOME AFFAIRS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 THE TRAVANCORE COCHIN MEDICAL COUNCIL,
RED CROSS ROAD, THIRUVANANTHAPURAM-695035,
REPRESENTED BY ITS REGISTRAR.
WP(C).No.234 OF 2021(D)
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5 THE REGISTRAR,
COUNCIL OF INDIGENOUS MEDICINE, O/O. TRAVANCORE
COCHIN MEDICAL COUNCIL, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.
6 THE SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE (DEPARTMENT
OF AYUSH), INDIAN RED CROSS BUILDING,
1 RED CROSS ROAD, NEW DELHI-110001.
7 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF FAMILY
HEALTH AND WELFARE, NEW DELHI-110001.
8 THE REGISTRAR,
CENTRAL COUNCIL OF INDIAN MEDICINE, JAWAHARLAL
NEHRU BHARATIYA CHIKILSA AVAM, HOMEOPATHY
ANUSANDHAN BHAWAN, 61-65, INSTITUTIONAL REA,
JANAKPURI, NEW DELHI-110058.
9 DIRECTOR GENERAL,
INDIAN COUNCIL OF MEDICAL RESEARCH, P.O. BOX
NO.4911, ANSARI NAGAR, NEW DELHI-110029, INDIA.
10 CHAIRPERSON,
THE NATIONAL MEDICAL COMMISSION, DADA DEV MANDIR
ROAD, BLOCK P. , SECTOR 8, DWARKA,
NEW DELHI, DELHI-110077.
11 DIRECTOR,
INDIAN SYSTEM OF MEDICINE (ISM), AROGYA BHAVAN,
P.B. NO.182, THIRUVANANTHAPURAM-695001.
12 DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SMT.VINITHA.B,GP,
SRI.N.RAGHURAJ,SC
SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.234 OF 2021(D)
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J U D G M E N T
Petitioners claim to be experts in Indian Herbal Therapy and they claim that their medicines are very effective for Autism etc., based on certain reports. Writ petition is filed pointing out that respondents have not taken any action for recognition of Tribal Therapy. Respondents have sought for a declaration and direction for recognition of Tribal Therapy treatment using Tribal Medicines as one of the Indian system of Medicine. I am of the view that a decision whether to recognize Tribal Therapy is to be taken by experts in the field.
As petitioners' representation Ext.P10 is stated to have been submitted before respondents 1, 2, 4 and 5, there shall be a direction to respondents 2, 6 and 7 to consider Ext.P10 representation and to take a decision after WP(C).No.234 OF 2021(D) 4 affording an opportunity of hearing to the petitioners/a representative of the petitioners, within a period of 'four months' from the date of receipt of a copy of the judgment.
The writ petition is disposed of.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.234 OF 2021(D) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TRUST DEED DATED 25/01/2000 ALONG WITH THE CERTIFICATE OF REGISTRATION DATED 21/02/2000.
EXHIBIT P2 THE TRUE COPY OF THE REPORT IN THIS REGARD, WAS OBTAINED BY THE 3RD PETITIONER VIDE COMMUNICATION NO. F1- 1/2014/CCRAS/RTIA/833/2208 DATED 23/09/2014.
EXHIBIT P3 THE TRUE COPY OF THE LIST OF CHILDREN'S WHO HAVE UNDERGONE TREATMENT WITH THE PETITIONERS FROM THE PERIOD 1996-2020.
EXHIBIT P4 THE TRUE COPY OF THE REPORTS REGARDING THE PETITIONER'S TREATMENT APPEARED IN THE PRINT MEDIA ON DIFFERENT OCCASIONS.
EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT OF KERALA TO THE SECRETARY, DISTRICT PANCHAYATH, THIRUVANANTHAPURAM DATED 28/12/2011.
EXHIBIT P6 THE TRUE COPY OF THE RELEVANT EXTRACTS OF THE ACCOUNTS COMMITTEE REPORT 2016-2019 DATED 27/03/2018.
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KEALA REPORTED IN WPC NO.39891/2017 DATED 23/03/2018.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.28145/2009 DATED 25/01/2010.
WP(C).No.234 OF 2021(D) 6 SUBMITTED BY THE PETITIONERS BEFORE THE STATE AND CENTRAL GOVERNMENT INCLUDING THE TRAVANCORE COCHIN MEDICAL COUNCIL DATED 06/09/2019.
EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE STATE GOVERNMENT AND CENTRAL GOVERNMENT (DEPARTMENT OF AYUSH) AND ALSO THE TRAVANCORE COCHIN MEDICAL COUNCIL DATED 24/09/2019.
EXHIBIT P11 THE TRUE COPY OF THE REPLY DATED 18/12/2019 SENT BY THE 4TH RESPONDENT TO THE PETITIONER IN RESPONSE TO THE EXHIBIT P10 REPRESENTATION.