K. P. Ismayil v. State of Kerala, represented by Chief Secreary, Government Secretariat, Thiruvananthapuram
2013-02-04
K.M.JOSEPH, K.RAMAKRISHNAN
body2013
DigiLaw.ai
Judgment :- K.M. Joseph, J. 1. Petitioner has approached this Court seeking the following reliefs: "i). to declare that the petitioner is entitled to practice Electropathy/Ellectro Homeopathy and that neither the respondents nor any other person or persons have any manner of authority to interfere with the petitioner's practice of the aforesaid system of medicine; ii). to issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 and 3 not to harass or intimidate the petitioner or obstruct him in the course of his practice in Electropathy/Electro Homeopathy. iii). to direct the 2nd respondent to follow the directions issued by this Hon'ble Court in Exhibits P10 to P14 judgments and direct the 2nd respondent not to interfere with the practice of the petitioner in Electropathy/Electro Homeopathy and iv). to direct the 3rd respondent to consider and take effective action on Exhibit P15 representation in the light of the dictum laid down in Exhibits P10 to P14 judgments." 2. Briefly put, the case of the petitioner is as follows: Petitioner is a practitioner in Electropathy which is a system of medicine and classified as an alternative medicine. Exts.P1 to P6 would show that the petitioner has got necessary qualification for the same. In spite of Exts.P10 to P14 judgments passed by this Court in identical cases, petitioner is being frequently summoned to the police station by the 2nd respondent. Exts.P8 and P9 would show that the practice of Electropathy/Electro Homeopathy is not prohibited. The dictum laid down in Exts. P10 to P14 judgments is binding on the 2nd respondent. Hence, the petition. 3. We heard the learned counsel for the petitioner, learned Government Pleader and learned counsel on behalf of the 4th respondent. We see no reason why we should not grant the reliefs which are accorded to the petitioners in Exts.P10 to P14 judgments. Accordingly, we dispose of the writ petition as follows: The State or its agents shall not interfere in the practice of electropathy/electro homeopathy by the petitioner. But, the petitioner shall not use designations like 'Doctor' etc. He shall not practice Modern Medicine, Homeopathy or any of the Indian systems of Medicine. He shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules.
But, the petitioner shall not use designations like 'Doctor' etc. He shall not practice Modern Medicine, Homeopathy or any of the Indian systems of Medicine. He shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioner continues with the practice of electropathy/electro homeopathy without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioner commits some cognizable offence by practicing electropathy/electro homeopathy, the police have no power or authority to interfere with his practice or summon him to the police station with a view to prevent his practice of electropathy/electro homeopathy. We make it clear that it will be open to the State or its agents to proceed in accordance with law if the petitioner violates any statutory provision.