IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 10672 of 2009(D) ----------------------------------------- PETITIONER(S): ------------------------- SHAMEL MUHAMMED GAZZALI,AGED 27, S/O.K.MUHAMMED KUNJI,BAITHULHAR HOUSE, PAYYAMBALATH,KANATHOOR DESOM,KANNUR. BY ADVS. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENT(S): --------------------------- 1. SECRETARY,DEPARTMENT OF HEALTH, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR,HOMOEO MEDICAL COUNCIL, THIRUVANANTHAPURAM,KERALA. 3. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION. R1 & R3 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R2 BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10672/2009 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMBERSHIP CERTIFICATE DTD. 23/03/2007. P2: COPY OF THE STATEMENT OF THE VILLAGE OFFICER, KANNUR. P3: COPY OF THE LICENSE. P4: COPY OF THE REPRESENTATION DTD. 2/01/2009. RESPONDENT'S EXHIBIT: R2(A): COPY OF THE NOTIFICATION DTD. 15/09/1978. /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.10672 of 2009 ------------------------------------------- Dated this the 28th January, 2011 JUDGMENT Basant, J. This petition is filed by the petitioner for an order of police protection directing respondent No.3 to afford protection to the petitioner to carry on uninterrupted practice as a Homoeopathic medical practitioner. 2. What obliges him to come to Court with such a request? According to the petitioner, some people are raising objections and illegal obstruction to carrying on such Homoeo medical practice by the petitioner. Who are such persons? Persons who are raising such obstructions have not been made parties. We requested pointedly to explain the maintainability of this petition, without arraying such persons who raised objections. The learned counsel for the petitioner submits that steps shall be taken to array all such necessary parties. 3. This petition was filed in 2009 (31/3/2009) and has been posted from time to time. We are satisfied that the wpc No.10672/2009 2 petition is not properly framed and necessary parties have not been arrayed. In these circumstances, without any fetter on the rights of the petitioner, if necessary, to approach this Court by arraying proper and necessary parties to such a petition, this petition is dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/