Kerala High Court
Sajeev M.G vs The Secretary
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF MAY 2017/22ND VAISAKHA, 1939
WP(C).No. 15298 of 2017 (J)
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PETITIONER :
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SAJEEV M.G.,
S/O GEORGE,AGED 51,MATTATHIL HOUSE,KANAKAPPILLY,
KASARGOD-671 533.
BY ADV. SRI.SHERRY J. THOMAS
RESPONDENTS :
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1. THE SECRETARY
BALAL GRAMAPANCHAYATH,BALAL POST,KASARGOD-671 533.
2. THE DISTRICT MEDICAL OFFICER,
HEALTH DEPARTMENT,KANJANGODE,KASARGOD-671 315.
3. THE DISTRICT MEDICAL OFFICER,
INDIAN SYSTEMS OF MEDICINE,
KASARKODE, NILESHWAR-671 314.
4. THE STATION HOUSE OFFICER,
VELLARIKKUNDU POLICE STATION-671 533.
BY SR.GOVERNMENT PLEADER, SRI. T. RAJASEKHARAN NAIR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15298 of 2017 (J)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXHIBIT P1 THE TRUE COPY OF THE D & O LICENSE DATED 7.5.16 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P1A THE TRUE COPY OF THE REGISTRATION CERTIFICATE 20.4.16
EXHIBIT P1B TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO
THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE DATED 16.9.2016 ISSUED
FROM TAMIL UNIVERSITY,THANJAVUR
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE DATED 29.6.16 ISSUED BY
AN ISO CERTIFIED INSTITUTE AT RAJASTHAN
EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE DATED 22.7.16 ISSUED BY
AN ISO CERTIFIED INSTITUTE AT RAJASTHAN
EXHIBIT P5 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE
DATED 22.11.12
EXHIBIT P5A THE TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED
30.10.12 ISSUED BY THE PRHATHYASHA NATURE CURE CENTRE
EXHIBIT P5B THE CERTIFICATE ISSUED BY JEEVALAYA NATURE CURE CENTRE
DATED 3.11.2012
EXHIBIT P5C THE TRUE COPY OF THE ONE OF THE NOTICE OF THE MEDICAL
CAMP CONDUCTED BY THE PETITIONER
EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE DATED 30.6.2003
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 28.2.2017 FROM R1.
EXHIBIT P8 THE TRUE COPY OF THE REPLY GIVEN BY R3.
EXHIBIT P9 THE ANSWER DATED 20.8.2004 GIVEN BY RAJYASABHA
EXHIBIT P10 THE QUESTION AND REPLY UNDER RTI DATED 12.1.11
EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT IN CRL MC.1349/16
EXHIBIT P12 THE TRUE COPY OF THE LETTER DATED 11.10.12 ALONG
WITH GUIDELINES
EXHIBIT P13 THE TRUE COPY OF THE LETTER DATED 9.10.12 FROM
TRAVANCORE COCHIN MEDICAL COUNCILS
EXHIBIT P14 THE TRUE COPY OF ONE OF THE VALID LICENSE DATED 13.4.16
ISSUED BY KANJIKUZHI GRAMAPANCHAYATH
WP(C).No. 15298 of 2017 (J)
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EXHIBIT P14A THE TRUE COPY OF ONE OF THE VALID LICENSE DATED 23.1.17
ISSUED BY IRUTTI MUNICIPALITY IN KANNUR DISTRICT
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 17.1.13 FROM MEDICAL
COUNCIL OF INDIA.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN WP(C)7086/11 DATED 2.3.17
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 11.4.17.
RESPONDENTS' EXHIBITS :
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NIL
/TRUE COPY/
PA TO JUDGE
DEVAN RAMACHANDRAN, J
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W.P(C). No. 15298 of 2017
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Dated this the 12th day of May, 2017
J U D G M E N T
I noticed that the petitioner's appeal is pending before the Panchayat and that the panchayat has refused interim orders or interim measures pending such appeal in Ext.P7. The petitioner has impugned this order seeking that pending consideration of the appeal he may be permitted to practice Acupuncture.
2. I have heard learned counsel for the petitioner and the learned Government Pleader appearing for respondents 2 to 4.
3. Since the petitioner's appeal is pending before the Panchayat, it is only appropriate that the Panchayat dispose of the matter as expeditiously as possible, without any further delay.
The Balal Grama Panchayat is therefore directed to take up the appeal of the petitioner and dispose of it in terms of law, as expeditiously as possible but not later than one month from the date of receipt of a copy of this judgment. Even if the petitioner pleads that Ext.P7 be deferred until such time, I do W.P(C).15298/17 2 not deem it appropriate to do so and all further action will be depend upon the final orders to be issued by the Bala Grama Panchayat in terms of this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE sou.17/5.