IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 5290 of 2005(D) --------------------------------------- PETITIONER(S): ---------------------- DR. K.A.KADHER, PEOPLES CLINIC, KUNJATHOOR, MANJESWER, KASARAGOD TALUK. BY ADV. SRI.P.K.MUHAMMED SRI.IYPE JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM - 37. 3. THE SUPERINTENDENT OF POLICE, KASARAGOD. 4. M.K.BALAKRISHNAN, S/O. M.M.K.PANICKER, ALLPOTHIC MEDICAL PRACTITIONER, NAYA BAZAR, UPALA, KASARAGODE DISTRICT. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 SRI.K.SHRIHARI RAO FOR R4 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C. NO.5290/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DT. 15.12.2000. P2:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DIRECTING HIM TO STOP MEDICAL PRACTICE DT. 25.5.01. P3:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT DT. 25.5.01. P4:- COPY OF THE JUDGMENT OF THIS HONOURABLE HIGH COURT OF KERALA IN WRIT APPEAL NO.1359/2000 DT. 21.7.2000. P5:- COPY OF THE FIR FILED AGAINST THE 4TH RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGODE IN CRIME NO.152/2001 OF KUMBALA POLICE STATION. P6:- COPY OF THE ORDER PASSED BY THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGODE, AGAINST 4TH RESPONDENT IN OP. 90/2003 DT. 6.11.03. P7:- COPY OF THE JUDGMENT IN WPC. 33331/2003 FILED BY THE 4TH RESPONDENT BEFORE THIS HONOURABLE HIGH COURT OF KERALA, DT. 7.6.04. P8:- COPY OF THE ORDER OF CONSUMER DISPUTES REDRESSAL FORUM KASARAGODE, IN OP. 74/2003 AGAINST 4TH RESPONDENT DT. 10.8.04. P9:- COPY OF THE ORDER IN REVISION PETITION NO.24/04 BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM AGAINST 4TH RESPONDENT DT. 24.8.04. P10:- COPY OF THE BAIL APPLICATION OF 4TH RESPONDENT AND ORDER INCC. 185/03 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT KASARAGODE DT. 27.3.03. P11:- COPY OF THE LETTER ISSUED BY THE REGISTRAR OF KARNATAKA MEDICAL COUNCIL TO THE PETITIONER DT. 25.8.2000. P12:- COPY OF THE NOTICE ISSUED BY THE REGISTRAR OF KARNATAKA MEDICAL COUNCIL TO THE 4TH RESPONDENT DT. 21.9.04. P13:- COPY OF THE NOTICE ISSUED BY THE REGISTERING AUTHORITY KARNATAKA AYURVEDIC AND UNANI PRACTITIONERS BOARD TO THE 4TH RESPONDENT DT. 16.2.2001. P14:- COPY OF THE LETTER DT. 13.12.05 SENT BY TRAVANCORE COCHIN MEDICAL COUNCILS TO THE 3RD RESPONDENT WITH COPY TO PETITIONER AND OTHERS. W.P.(C) NO.5290/2005 RESPONDENT'S EXHIBITS R4(a):- COPY OF THE CERTIFICATE NO.7/97 DT. 31.12.1968 ISSUED BY LATHERIASARAI DARBHANGA (BIHAR). R4(b):- COPY OF THE CERTIFICATE ISSUED BY THE INDIAN MEDICAL ACUPUNCTURE SOCIETY, BARODA. R4(c):- COPY OF THE CERTIFICATE DT. 10.2.5 ISSUED BY THE INDIAN INTEGRATED ACUPUNTURE ASSOCIATION. R4(d):- COPY OF THE CERTIFICATE DT. 14.9.86 ISSUED BY THE SOCIETY FOR ADVANCED STUDIES IN THE MEDICAL SCIENCES AND THE DIRECTORATE OF MANAGEMENT AND ADMINISTRATIVE SCIENCES, NEW DELHI. R4(e):- COPY OF THE CERTIFICATE DT. 30.5.90 ISSUED BY THE OPEN INTERNATIONAL UNIVERSITY FOR COMPLIMENTARY MEDICINE. R4(f):- COPY OF THE CERTIFICATE DT. 30.6.93 ISSUED BY THE KHALSA INSTITUTE OF MEDICAL SCIENCES. R4(g):- COPY OF THE REGISTRATION CERTIFICATE NO.10016 DT. 21.3.68 ISSUED BY THE RAJAKIYA AYURVEDIC AND UNANI CHIKITSA PARISAD, BIHAR. R4(h):- COPY OF THE REGISTRATION CERTIFICATE NO.A/3343 DT. 19.4.1976 ISSUED BY THE BOARD OF HOMEOPATHIC PRACTITIONERS, PUNJAB POST FAZIKA PUNJAB. R4(i):- COPY OF THE REGISTRATION CERTIFICATE NO.299 DT. 17.6.81 ISSUED BY THE AKHILA KARNATAKA SIDHA MEDICAL PRACTITIONERS ASSOCIATION BANGLORE. R4(j):- COPY OF THE REGISTRATION CERTIFICATE NO.054/99 DT. 7.6.99 ISSUED BY THE INDIAN ALTERNATIE MEDICAL PRACTITIONERS ASSOCIATION BANGLORE. R4(k):- COPY OF THE REGISTERED MEDICAL CERTIFICATE ISSUED BY THE TAMIL NADU BOARD OF INDIAN MEDICINE , MADRAS. R4(l):- COPY OF THE REGISTRATION CERTIFICATE NO.28758 DT. 5.10.2000 ISSUED BY THE TAMIL NADU AYURVEDIC COUNCIL, CHENNAI. R4(m):- COPY OF THE LETTER DT. 12.6.06 OF THE SECRETARY OF THE KASARAGOD DISTRICT UNIT OF THE AYURVEDA MEDICAL ASSOCIATION OF INDIA OF THE SUPERINTENDENT OF POLICE , KASARAGOD. R4(n):- COPY OF THE MEMO DT. 18.10.04 ISSUED BY THE REGISTRAR STATE COUNCIL OF AYURVEDIC AND UNANI MEDICINES, BIHAR, PATNA. R4(o):- COPY OF THE JUDGMENT DT. 20.9.85 IN CRL.RP. 1617/84 OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH. R4(p):- COPY OF THE ORDER DT. 29.7.98 IN CRL.A. NO.369/94 OF THE HONOURABLE SUPREME COURT AT NEW DELHI. W.P.C. NO.5290/2005 R4(q):- COPY OF THE PROCEEDINGS DT. 8.12.03 REGARDING THE QUESTION NO.549 AND ANSWER HELD AT RAJYA SABHA. R4(r):- COPY OF THE PROVISIONAL CERTIFICATE DT. 10.6.79 ISSUED IN THE NAME OF THE 4TH RESPONDENT BY THE MIZORAM OPEN UNIERSITY, AISWAL. R4(s):- COPY OF THE CERTIFICATE ISSUED BY THE MIZORAM OPEN UNIVERSITY AISWAL IN THE NAME OF THE 4TH RESPONDENT. R4(t):- COPY OF THE CERTIFICATE DT. 29.9.95 ISSUED BY THE TAMIL NADU BOARD OF INDIAN MEDICINE MADRAS IN THE NAME OF THE 4TH RESPONDENT. R4(u):- COPY OF THE NOTIFICATION DT. 30.10.96 ISSUED BY THE CENTRALCOUNCIL OF INDIAN MEDICINE, NEW DELHI. R4(v):- COPY OF THE JUDGMENT DT. 26.10.07 IN CC. 290/02 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.5290 OF 2005 --------------------------------------- Dated this the 26th day of November, 2008. J U D G M E N T Petitioner approached this Court with certain grievance regarding illegal practice of the fourth respondent. On 14.07.2006, this Court has already passed an order directing the second respondent to take appropriate action in the matter. Learned counsel appearing for the second respondent submits that on verification it has been found that the fourth respondent does not possess the required qualification to be a practitioner of Alopathy medicine. If that be so, it is for the respondents 1 to 3 to take appropriate action against the fourth respondent to see that the fourth respondent does not practice medicine without the required qualification and registration. Ordered accordingly. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.5290 OF 2005 J U D G M E N T 26.11.2008