Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN FRIDAY, THE28H DAY OF MARCH20147TH CHAITHRA, 1936 WP(C).No. 9026 of 2014 (C) --------------------------- PETITIONER(S): ------------------------ 1. UJJAL KUMAR SARKAR UJJAL KUMAR SARKAR VILLAGE OF BARDHANBERIA BAIRAMPUR, DISTRICT24PGS (N), WEST BENGAL RESIDING KULAKKADAI, KAVUMKARA MARKET P.O MUVATTUPUZHA.
2. PINTU BISWAS, S/O.PUNITH BISWAS, KARIMGALLATHANI, THAZHEKODU PERINTHALMANNA, MALAPPURAM - 679 322.
3. THARAK CHANDRA ROY, S/O.SUBODHKUMAR ROY, ROY NIVAS, ANGADYPURAM PERINTHALMANNA-679 321.
4. SUBHRATHA BISWAS, VILLAGE KUDA, P.O.AKIPUR, GOPAL NAGAR (N) 24-PGS RESIDING AT OVUNGAL, CHAVAKKAD P.O, THRISSUR.
5. NARESH PARAMANIK, S/O.LATE BINOD PARAMANIK, 194, PANPARA GOPAL NAGAR, NORTH24PARGANAS RESIDING AT CHEMBUMUKKU, KAKKANAD, ERNAKULAM.
6. RAMEN MALAKER, DAPADA, HAPAKHOLA GODAKHAL PADA, MYANA TALA GOPAL NAGAR, NORTH24PARGANAS, 743262 GEETHA CLINIC, THYKOODAM, VYTILLA ERNAKULAM.
7. ASHIN KUMAR BISWAS, VILLAGE AKAIPUR, POST AKAIPUR24NORTH PARGANAS DISTRICT WEST BENGAL NOW RESIDING AT PERUVANKULATH, MANNAR ALAPPUZHA DT.
8. DILIP PATOWARI, S/O.LANKESWAR, PATOWARI, VILLAGE DWAR DASANI P.O.AKAIPUR, DISTRICT:24 NORTH PARGANAS WEST BENGAL NOW RESIDING AT USHUS MUKUNDAPURAM TALUK, THRISSUR DT. WP(C).No. 9026 of 2014 9. AMRITHA PATOWARI, S/O.LANKESWAR, PATOWARI, VILLAE DWAR DASANI P.O.AKAIPUR DISTRICT24NORTH PARGANAS, WEST BENGAL RESIDING AT KAKKOOLI, PUTHUKKAD, THRISSUR DT.
10. ANIMESH KUMAR MZUMDAR, S/O.BROJOMOHAN MZUNDAR, EDACHALIL, 8 KAVIL VADAKKU KODUNGALLOOR.
11. HARANCHANDRA ROY, S/O.NALINI KANTA ROY,SANTHI CLINIC, 13 IRIGALAKKUDA.
12. TAROK CHAKRA BORATY, NATTUMPARA, KOUGACHHI, GRAM WEST GAGATHAL, 24 NORTH PARGANAS DISTRICT74312 NOW RESIDING AT KALAMANDIR HOUSE PERMANAM COTTAGE ROAD, NORTH PARAVUR. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S): ---------------------------- 1. GOVT. OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVT.SECRETARIATE THIRUVANANTHAPURAM-695 001.
2. DIRECTOR OF HEALTH SERVICES, INDIAN SYSTEM OF MEDICINES, GOVT. OF KERALA THIRUVANANTHAPURAM-695 002.
3. THE COUNCIL OF INDIGENOUS MEDICINE REPRESENTED BY REGISTRAR, OFFICE OF MEDICAL COUNCIL RED CROSS ROAD, THIRUVANANTHAPURAM-695 002.
4. DIRECTOR GENERAL OF POLICE, HEAD QUARTERS GOVT. OF KERALA THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SMT. K.A. SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2803-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9026 of 2014 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE PHOTOCOPY OF THE CERTIFICATE OF THE DIPLOMA ISSUED BY THE INSTITUTE OF THE ALTERNATIVE SYSTEMS OF MEDICINES, CALCUTTA DATED0412.2002 TO THE FIRST PETITIONER. EXHIBIT P2: TRUE COPY OF CERTIFICATE OF REGISTRATION OF THE SECOND PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED2508.2003 TO THE SECOND PETITIONER. EXHIBIT P3: TRUE COPY OF CERTIFICATE OF REGISTRATION OF THE THIRD PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED1502.1992 TO THE THIRD PETITIONER. EXHIBIT P4: TRUE COPY OF CERTIFICATE OF REGISTRATION OF THE4H PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED1012.2003. EXHIBIT P5: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE LATERNATIVE MEDICINES, CALCUTTA DATED2212.2008 TO THE FIFTH PETITIONER. EXHIBIT P6: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA IN2005TO THE SIXTH PETITIONER. EXHIBIT P7: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF ALTERNATIVE MEDICINES, CALCUTTA IN2007TO THE SEVENTH PETITIONER. EXHIBIT P8: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED0401.2010 TO THE8H PETITIONER. EXHIBIT P9: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED0401.2010 TO THE9H PETITIONER. EXHIBIT P10: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA DATED0503.1997 TO THE TENTH PETITIONER. EXHIBIT P11: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF ALTERNATIVE MEDICINES, CALCUTTA DATED2006.1997 TO THE ELEVENTH PETITIONER. EXHIBIT P12: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CALCUTTA IN2005TO THE12H PETITIONER. WP(C).No. 9026 of 2014 EXHIBIT P13: TRUE COPY OF THE ORDER
IN CMP NO.39817/01 IN O.P.NO.24317/01 DATED1608/2001. EXHIBIT P14: GOVERNMENT ORDER
NO.GO(MS)NO.145/09 HFW DATED0406/2009 RECOGNIZING THE RIGHT TO BE EXEMPTED FROM SUCH REGISTRATION TO HEREDITARY AYURVEDIC PRACTITIONERS AND HOMEOPATHIC PRACTITIONERS IN MALABAR AREA. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE SKV P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.9026 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of March, 2014 JUDGMENT
The petitioners who hail from the State of West Bengal are practitioners of Ayurveda. In this writ petition they seek the following reliefs:- "a) A writ of Prohibition or Order restraining the respondents from taking immediate actions to close down the dispensaries and clinics of the petitioners and implicating them in criminal cases. b) Writ of Mandamus to direct the respondents to exempt the Petitioners from necessity of registration as enables under section 38 of the Travancore - Cochin Medical Practitioners Act." 2. The very same issue was considered by a Division Bench of this Court in O.P.No.27784 of 2002 and connected cases. The writ petitions were dismissed by judgment delivered on 8.1.2003 holding that under the Travancore Cochin Medical Practitioners Act, 1953, only those persons who have acquired the qualifications from the institutions included in the schedule thereunder are entitled to practice medicine and claim registration. In the light of the binding decision of the Division Bench of this Court, the reliefs prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE vpv