High Court Kerala High Court

M.K.Chandramani vs State Of Kerala on 25 May, 2010

Kerala High Court
M.K.Chandramani vs State Of Kerala on 25 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20424 of 2009(W)



1. M.K.CHANDRAMANI
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  :SRI.N.RAGHURAJ, SC, TCMC & KNMC

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :25/05/2010

 O R D E R
           K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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                 W.P.(C) No.20424 of 2009-W
            ----------------------------------------------
             Dated, this the 25th day of May, 2010

                          J U D G M E N T

K.M.Joseph, J.

The prayers in the writ petition are as follows:–

“i. to declare that the petitioners are entitled to

practice electropathy/electro homeopathy and neither

the respondents nor any other person or persons

have any manner of right or 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 direction or order directing the

respondents not to interfere with electropathy/electro

homeopathy practice of the petitioners.

Iii. To issue a writ of mandamus or any other

appropriate writ direction or order directing the 2nd

and 3rd respondents not to harass or to intimidate the

petitioners or to obstruct them in their practice in

electropathy/electro homeopathy.”

2. Briefly put, the case of the petitioners is as

follows:– Petitioners are practitioners of electropathy/electro

homeopathy. There is no statute, rules or regulations

restricting the practice of electropathy/electro homeopathy.

They have fundamental right under Article 19 (1) (g) of the

WPC 20424/2009 -2-

Constitution. Petitioners have produced Exts.P1 and P2

certificates. Exts.P5 is the judgment of this Court and Ext.P6

is the judgment of High Court of Delhi which are in their

favour. Ext.P7 is the order of the Directorate of Health

Services , Government of NCT, Delhi. Ext.P8 is the judgment

of the Division Bench of this Court.

3. We would think that the issue raised ought to

be answered on the lines of Ext.P8 judgment. We respectfully

follow the same and dispose of the writ petition as follows:

The State or its agents shall not interfere in the

practice of electropathy/electro homeopathy by the

petitioners. But, the petitioners shall not use designations

like ‘Doctor’ etc. They shall not practice Modern Medicine,

Homeopathy or any of the Indian systems of Medicine. They

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 petitioners continue with the practice of

electropathy/electro homeopathy without infringing any other

provisions of law, the police shall not interfere with the same.

Unless the petitioners commit some cognizable offence by

WPC 20424/2009 -3-

practicing electropathy/electro homeopathy, the police have

no power or authority to interfere with their practice or

summon them to the police station with a view to prevent

their 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 petitioners violate any

statutory provision.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS