IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 19940 of 2000(W) ------------------------------------- PETITIONER: --------------------- KOLLANANDI RAJU, AGED 52, S/O.KUNHARAMAN, MANAYIL VEEDU, KANDAMKUNNU AMSOM, MAMBARA, THALASSERY TALUK. *PETITIONER'S FATHER'S NAME IS CORRECTED AS 'KUNHAMBU' INSTEAD OF KUNHARAMAN AS PER ORDER DTD.29/02/2008 IN C.M.P.NO.6463/2002. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY. 2. ASST.EXCISE COMMISSIONER, KANNUR. 3. ASST.DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, KANNUR. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NOS.33469 & 33470/2000 IN OP.NO.19940/2000W DISMISSED 29/02/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF EXPERIENCE ISSUED BY DR.BHARGAVAN (AYURVEDIC) DTD. 3/01/1995. EXT.P2; COPY OF THE APPLICATION DTD. 25/05/95. EXT.P3: COPY OF THE INTERVIEW LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER, KANNUR DTD. 14/02/96. EXT.P4: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DTD. 12/04/96. EXT.P5: COPY OF THE ORDER REJECTING AND RETURNING THE APPLICATION DTD. 20/02/2000. EXT.P6: COPY OF THE INTERIM ORDER IN O.P.NO.12666/2000 AND O.P.NO.10964/2000 DTD. 5/04/2000. /TRUE COPY/ P.S.TO JUDGE Kss ORDER ON KURIAN JOSEPH, J. ----------------------------------------- O.P. No.19940 of 2000 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) Issue a writ of certiorari or any other appropriate writ, order quashing Ext.P5 order rejecting and returning the petitioners application for the grant of L3 licence. There is no counter affidavit. There is already an interim order which reads as follows:- “G.P. takes notice for respondents. Heard both sides. There will be an interim order as prayed for. The petitioner however, shall not practice in Allopathic medicine, nor shall he violate any of the provisions of Abkari rule or provisions of Drugs and Pharmaceuticals Act while practising Ayurvedic medicines.” The writ petition is hence disposed of in terms of the interim order. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.19940 of 2000 ----------------------------------- JUDGMENT 29th February, 2008