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
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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