Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY,THE16H DAY OF DECEMBER201425TH AGRAHAYANA, 1936 WP(C).No. 33917 of 2014 (L) ---------------------------- PETITIONER(S) : -------------------------- 1. DIPANKAR DAS, S/O.DIBODAS, AGED46YEARS, INDRANEELAM, 196/11 TOWN SOUTH, KOTTARAKKARA, KOLLAM DISTRICT.
2. NIL KAMAL MAJUMDAR, S/O.NANI GOPAL, AGED47YEARS CHARUVILA PUTHEN VEEDU, 11 COLLEGE, PUNALUR, KOLLAM DISTRICT.
3. ANUPAM RAY S/O.SUJITH RAY,AGED29YEARS, 277 (14/488A), ABDULLAKUTTY QUARTERS NEAR PAYYOLI POLICE STATION, KOZHIKODE DISTRICT.
4. ARUP VISWAS S/O.APURVA VISWAS, ISMAIL ARCADE, PUTHUPPADY P.O. ENGAPUZHA VILLAGE, KOZHIKODE DISTRICT.
5. RIPAN MAZUMDER S/O.YUSHIL MAZUMDAR, AGED34YEARS, 110B (607) ILLATH, 11, KUTTIPURAM NADAPURAM PANCHAYATH, KOZHIKODE DISTRICT.
6. KARTIK BISWAS, S/O.ANIL BISWAS, AGED30YEARS383(4/687), ROY CLINIC7 POOVATHANI, THAZEKODE PANCHAYATH MALAPPURAM DISTRICT.
7. AKASH BISWAS S/O.KALIPODA, OLAVATTOOR LODGE, VAZHAKKAD MALAPPURAM.
8. CHITTARANJAN HALDER S/O.MOTELAL HALDER, M.A.CLINIC, NEAR GANAPATHY SCHOOL FAROOQ, KOZHIZKODE DISTRICT. ...2/- WP(C).No. 33917 of 2014 (L) -2- 9. TARUN KUMAR BISWAS S/O.THAKURDAS BISWAS, NEAR HDFC BANK, KUTTIPURAM ROAD VALANCHERY, MALAPPURAM DISTRICT.
10. GOVINDA BISWAS, S/O.SANTO BISWAS, AGED31YEARS, 159 (8/10), ISMAIL BUILDING8 MALORAM, PUTHUPPADY, KOZHIKODE DISTRICT.
11. BISWAS TARUN, S/O.NALINI KANT BISWAS, AGED42YEARS104A(17/639), RESMI CLINIC PANDIKKAD, ERANADU TALUK, MALAPPURAM DISTRICT.
12. MANIK BALA, S/O.ARUN BALA, AGED37YEARS PALLI STREET,PATTIKKARA BOC ROAD, PALAKKAD DISTRICT.
13. SINTU MONDAL, S/O.SYAMAL MONDAL, AGED30YEARS ROOM NO.3, SMM COMPLEX EZHOOR ROAD, TIRUR, MALAPPURAM DISTRICT.
14. SANJOY MONDAL, S/O.SYAMAL MONDAL, AGED36YEARS COURT ROAD, TIRURANGADI MALAPPURAM DISTRICT.
15. RAMANANDA BISWAS S/O.PIJUS BISWAS, 8/112, MAIN ROAD NEAR DAYA PETROL PUMP,QUILANDY, KOZHIKODE DT.
16. MANIMOHAN BISWAS, S/O.MOTTILAL BISWAS, AGED41YEARS RAJIV CLINIC, 550A (32/280) 12, CHETTIYANGADI, NILAMBUR.
17. GIRIJA PRASANNA MAITRA, S/O.KORNADHAR MAITRA, AGED40YEARS, VIMAL HOUSE, ARADHANA ROAD PATHUKUDI, MANNARKKADU, PALAKKAD DISTRICT.
18. MONIBABU BISWAS S/O.PRABULLA BISWAS, AGED32YEARS, 541 C (12/866), MAHARBA2 EAMANATTU KARA, KOZHIKODE DISTRICT. BY ADVS.SRI.JOSEPH JOHN SRI.JOHN VIPIN ...3/- WP(C).No. 33917 of 2014 (L) -3- RESPONDENT(S) : ---------------------------- 1. GOVT. OF KERALA REPRESENTED BY CHIEF SECRETARY GOVT. SECRETARIATE, THIRUVANANTHAPRUAM-695 001.
2. DIRECTOR OF HEALTH SERVICES INDIAN SYSTEM OF MEDICINES, GOVT. OF KERALA THIRUVANANTHAPRUAM-695 001.
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 THIRUVANANTHAPRUAM-695 001. R1 TO R4 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1612-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...4/- WP(C).No. 33917 of 2014 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ----------------------------------------- EXT.P1. TRUE PHOTOCOPY OF THE CERTIFICATE OF THE DIPLOMA ISSUED BY THE INSTITUTE OF THE ALTERNATIVE SYSTEMS OF MEDICINES, CULCUTTA DATED227/97. EXT.P2. TRUE COPY OF CERTIFICATE OF REGISTRATION OF THE2D PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED53/1997. EXT.P3. TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION OF THE3D PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED2812/05. EXT.P4. TRUE COPY OF CERTIFICATE OF THE REGISTRATION OF THE4H PETITIONER ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED206/2011. EXT.P5. TRUE COPY OF CERTIFICATE OF THE REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED313/05. EXT.P6. TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA IN2010 EXT.P7. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED2812/2004 TO THE7H PETITIONER. EXT.P8. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED49/2009 OF THE8H PETITIONER. EXT.P9. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED258/2003 TO THE9H PETITIONER. EXT.P10. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED43/2010 TO THE10H PETITIONER. EXT.P11. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF ALTERNATIVE MEDICINES, CULCUTTA DATED73/1997 TO THE11H PETITIONER. EXT.P12. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED115/98 TO THE12H PETITIONER. (Contd...) WP(C).No. 33917 of 2014 (L) EXT.P13. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED151/09 TO THE13H PETITIONER. EXT.P14. TRUE COPY OF CERTIFICATE OF THE REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED3011/2000 TO THE14H PETITIONER. EXT.P15. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED156/2012 TO THE15H PETITIONER. EXT.P16. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE INSTITUTE OF THE ALTERNATIVE MEDICINES, CULCUTTA DATED17/97 TO THE16H PETITIONER. EXT.P17. TRUE COPY OF CERTIFICATE OF THE REGISTRATION ISSUED BY THE CENTRAL JADABPUR TRAINING SOCIETY FOR MEDICAL RESEARCH, KOLKATTA WITH REGISTRATION NO.15206 TO THE17H PETITIONER. EXT.P18. TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE CENTRAL JADABPUR TRAINING SOCIETY FOR MEDICAL RESEARCH, KOLKATTA WITH REGISTRATION NO.A5063TO THE18H PETITIONER. EXT.P19. TRUE COPY OF THE ORDER
OF THIS HONOURABLE COURT IN CMP NO.39817/01 IN OP NO.24317/01 DATED1682001. EXT.P20. TRUE COPY OF THE GOVT. ORDER
NO.G.O.(MS).NO.145/09 HFW DATED46/2009 RECOGNIZING THE RIGHT TO BE EXEMPTED FROM REGISTRATION TO HEREDITARY AYURVEDIC PRACTITIONERS AND HOMEOPATHIC PRACTITIONERS IN MALABAR AREA. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn A.MUHAMED MUSTAQUE, J.
========================= W.P(C).No.33917 of 2014L ============================ Dated this the 16th day of December, 2014 JUDGMENT
Petitioners are hailing from West Bengal. It is submitted that they have passed Diploma Course under the Council of Alternative Systems of Medicine. It is submitted that they are located at various parts of Kerala and have clinical dispensaries. They rely on various certificates issued to them by the Council of Alternative Systems of Medicines, Calcutta. However, it is submitted that respondents are taking steps to close down their dispensaries and clinics. According to them, the traditional medical practitioners of Ayurvedic system of medicine are exempted by the State of Kerala and they are also entitled for exemption. Petitioner also rely on Ext.P2 Government Order. Petitioner submits that in terms of Sec.38(1) of the Travancore-Cochin Medical Practitioners Act 1953 they are entitled for exemption.
2. Petitioner, if entitled for exemption has to approach the Secretary, Government department of Health and Family Welfare. It is for the Government to satisfy that the petitioner is entitled for exemption in terms of Sec.38(1) of the Travancore-Cochin Medical Practitioners Act. W.P(C).No.33917 of 2014L23. In view of the above, petitioners shall approach the Government under Sec.38(1) of the Travancore-Cochin Medical Practitioners Act for exemption within a period of three weeks from the date of receipt of a copy of this judgment. That application shall be considered by the Government. There upon, Government shall take appropriate decision in the matter within a further period of three months after affording an opportunity of hearing to the petitioners. Till then, no coercive steps shall be taken against the petitioner by any authority. However, it is made clear that the petitioner shall not indulge in practice of modern medicine, homeopathy or any other system of medicine which required registration under the law. The Writ Petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE. Sbna/17/12/14