IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 27385 of 2006(I) ------------------------------------- PETITIONER: ------------------- G.JOHN STEPEHEN VAIDYAR, SON OF GNANAMUTHEN VAIDYAR, AGED 52 YEARS, J.S.NIVAS, ACHATHUKULANGARA, VATTAVILA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH, ADV. SRI.G.SUDHEER. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. REGISTRAR, TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27385/2006-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO. 58710/G2/81/HD (SRO.NO.604/1982) DTD. 03/05/1982 ISSUED BY THE HEALTH (G) DEPARTMENT. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND 6 PERSONS BEFORE THE HONOURABLE MINISTER FOR HEALTH DTD. 10/11/2005. EXT.P.3: COPY OF THE OFFICE NOTE NO. 22318/F2/05/LAW DTD. 20/01/2006 ISSUED BY THE LAW SECRETARY. EXT.P.4: COPY OF THE CONSOLIDATED NOTE SIGNED BY UNDER SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT ON 06/02/2006. EXT.P.5: COPY OF THE LEGAL OPINION SENT BY THE ADVOCATE GENERAL DTD. 16/03/2006 TO THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (G) DEPARTMENT. EXT.P.6: COPY OF THE CONSOLIDATED NOTES ISSUED BY THE UNDER SECRETARY, HEALTH & FAMILY WELFARE (G) DEPARTMENT DTD. 04/05/2006. EXT.P.7: COPY OF THE NOTIFICATION NO. 9720/LEG.C3/06/LAW DTD. 22/05/2006 ISSUED BY THE DEPUTY SECRETARY. EXT.P.8: COPY OF THE COMMUNICATION NO. 45980/G2/05/H&FW DTD. 06/07/2006 ISSUED BY THE UNDER SECRETARY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.27385 of 2006 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT The writ petition is filed praying for a direction to the first respondent to consider Ext.P2 representation and to issue notification under the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act in the matter of exemption. There will be a direction to the first respondent to consider Ext.P2 with notice to the petitioner and pass appropriate orders in accordance with law, if not already passed, within a period of four months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.27385 of 2006 ----------------------------------- JUDGMENT 27th June, 2008