IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19484 of 2008(T)
1. ANIL KUMAR, S/O.GOPALAN.M,
... Petitioner
2. RAKESH KRISHNA KANDIYIL,
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. THE COMMISSIONER OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.GOVIND K.BHARATHAN (SR.)
For Respondent :SRI.N.RAGHURAJ, SC, TCMC & KNMC
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :17/12/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
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W.P.(C) Nos.19484 OF 2008 & 16325 OF 2006
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Dated this the 17th day of December, 2008
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioners are practising Electropathy/Electro-
Homeopathy. They say, they have the necessary qualifications
for the same. The practitioners of Modern Medicine and
Homeopathy are moving the police and the police are
unnecessarily threatening and harassing them, it is submitted.
They are being frequently summoned to the police station.
Threats are also held out to raid their places of practice and
close down their establishments. In the above background, this
writ petition is filed, seeking the following reliefs:
i) declare that the petitioners are entitled
to practice Electropathy/Electro-Homeopathy
and that neither the respondents nor any
other person or persons have any manner of
(sic-or) authority to interfere with the
petitioners’ practice of the aforesaid system
of medicine.
ii) issue a writ of mandamus or any other
appropriate writ order or direction directing
the respondents not to interfere withW.P.(C) Nos.19484/2008& 16325/06 2
Electropathy/Electro-Homeopathy practice of
the petitioners;
iii) issue a writ of mandamus or any other
appropriate writ order or direction directing
the third respondent and the officers under
him not to harass or to intimidate the
petitioners or to obstruct them in the course
of their practice or (sic-of)
Electropathy/Electro-Homeopathy.
2. The learned senior counsel, Mr.Govindh.K.Bharathan,
who appeared for the writ petitioners, submitted that practice of
Electropathy/Electro-Homeopathy is not prohibited by any
statute in force in India or in Kerala. They are not practising
modern medicine or Homeopathy or any Indian System of
Medicine, like Ayurveda or Unani. For prasticing those systems
of medicine, registration under the Travancore – Cochin Medical
Council Act is mandatory. For getting such registration, the
applicants should possess the prescribed qualifications also. But,
Electropathy/ Electro-Homeopathy is an entirely different system
of medicine. Its practice is not controlled by any statute in India.
It is not prohibited by any law also. Therefore, the petitioners
have a fundamental right under Article 19(1)(g) of the
Constitution of India to proceed with the practice of the above
W.P.(C) Nos.19484/2008& 16325/06 3
said system of medicine, it is submitted.
3. Though the State of Kerala as also the Travancore –
Cochin Medical Council are parties to this writ petition, they
have chosen not to file any counter affidavit. We heard the
learned Government Pleader for the official respondents.
4. It is one of the fundamental principles of rule of law
that a citizen is free to do anything not prohibited by law. Every
State action must be supported by a statutory provision. If a
citizen challenges a State action, the State must be able to show
the strict legal pedigree of its action. Otherwise, the courts will
invalidate that action. In this case, the respondents have not
brought to our notice any law, which prohibits the practice of
Electropathy/Electro-Homeopathy. So, the State or its agents
shall not interfere with the same. 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 their Electropathy/
W.P.(C) Nos.19484/2008& 16325/06 4
Electro-Homeopathy practice, without infringing any other
provisions of law, the police shall not interfere with the same.
Unless the petitioners commit some cognizable offence by
practising Electorpathy / 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.
4. It is clarified that this judgment will not affect the
powers of the State or its agents to proceed in accordance with
law, if the petitioners are found to act in violation of any
statutory provision.
The writ petition is disposed of as above.
W.P.(C) No.16325/2006
The point raised by the petitioner is covered by our
judgment in W.P.(C) No.19484/2008 . It is ordered that the
directions in that case will govern this case also.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.C.HARI RANI, JUDGE)
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