IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 25585 of 2006(U) ------------------------------------ PETITIONER(S): ---------------------- V.SUNIL KUMAR, S/O.K.VIDYADHARAN, AGED 40 YEARS, RESIDING AT PADINJATATHIL VEEDU, MUNDAYIL, VARKALA P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): ------------------------- 1. THE TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, OFFICE OF THE TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM-35. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, VARKKALA, THIRUVANANTHAPURAM. 4. THULASEEDHARAN NAIR, NAIMISARANYAM, PEZHUMMOODU, VENGOD P.O., THIRUVANANTHAPURAM DISTRICT. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3, R5 BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25585/2006-U APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE ISSUED BY THE ALL INDIA NATURE CURE FEDERATION 15, RAJGHAT COLONY, NEW DELHI, DATED:26/2/2001. P2 COPY OF THE CERTIFICATE SHOWING 3-YEAR DIPLOMA COURSE IN NATURO PATHY OFFERED BY THE ALL INDIA NATURE CURE FEDERATION, DELHI. DATED 26/2/2001. P3 COPY OF THE CERTIFICATE OF DIPLOMA ISSUED BY THE CHAIRMAN BOARD OF EXAMINATION,GOVERNMENT AYURVEDA COLLAGE, DATED: 6/6/1968. P4 COPY OF THE REGISTRATION CERTIFICATE BEARING NO.2470. P5 COPY OF THE JUDGMENT IN WP(C) NO.17829/2006 OF THIS HON'BLE COURT DATED:14/7/2006. P6 COPY OF THE NOTICE DATED:18/4/2006 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P7 COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED: 10/5/2006. P8 COPY OF THE REQUISITION MADE BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO JUDGE sts P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 25585 OF 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 17th day of September, 2010 JUDGMENT The petitioner is mainly challenging Ext. P8 issued by the first respondent, directing the second respondent to launch prosecution proceedings against the petitioner, who is allegedly practising as an 'Ayurvedic Doctor' without the requisite qualification. 2. The learned counsel for the petitioner submits that the petitioner is running a centre under the name and style as 'Centre for Naturopathy Ayurveda and Yogic Sciences' and is 'not offering any treatment in Ayurveda but for giving necessary advice by virtue of his Diploma and the certificates obtained in 'Naturopathy and Yogic Science', as borne by Exts. P1 and P2. It is also stated that, Ayurvedic treatment in the institution is being offered by one Dr. P.K. Karunakaran, who is duly qualified, by virtue of Ext. P3 Diploma in Ayurvedic Medicine. 3. When the petitioner was required to be present before the police station, he was constrained to approach this Court by filing W.P.(C) No. 17829 of 2006, complaining against the police harassment, which led to Ext. P2 verdict, wherein the statement made from the part of police that there was absolutely no question of harassment, but for an enquiry which W.P. (C) No. 25585 of 2006 2 was being pursued pursuant to a complaint, was recorded and the Writ Petition was closed on 14.07.2006. Thereafter, Ext. P6 notice was issued by the first respondent to the petitioner, which was replied by Ext. P7 and presumably for the reason that it was satisfactory, no further action was pursued thereafter. In the meanwhile, Ext. P8 requisition was made by the first respondent to the Superintendent of Police i.e. the second respondent, on the basis of some other complaints alleging that the petitioner was providing treatment in Ayurvedic medicine without any qualification, which made the petitioner to approach this Court by filing the present Writ Petition seeking to quash Ext. P8. 4. The first respondent has filed counter affidavit, explaining the facts and circumstances, stating that, pursuant to the complaint received, Ext. P1 (a) instruction was issued to the second respondent to take appropriate measures, if the petitioner was pursuing any such exercise without qualification. However, on receipt of the explanation from the petitioner, pursuant to the notice issued, the first respondent constituted a 'Committee' to conduct surprise inspection at the premises of the petitioner to ascertain whether the petitioner was providing any treatment by himself without requisite qualification, simultaneously directing the second respondent to keep further proceedings pursuant to Ext. R1(a) in abeyance. A copy of the said proceeding is produced and marked as Ext. W.P. (C) No. 25585 of 2006 3 R1(b). The first respondent submits that no adverse circumstances have come to the notice of the first respondent in this regard and as such, no further steps have been taken against the petitioner. 5. In the above circumstances, the submission made as above is recorded and the Writ Petition is closed; however without prejudice to the rights of the petitioner to approach this Court, if and when necessitated in connection with the alleged cause of action. It is also made clear that the petitioner shall not pursue any activities contrary to the relevant provisions of the law, including by providing any treatment in Ayurveda or other relevant fields of medicine, for which the petitioner is not qualified. P. R. RAMACHANDRA MENON, JUDGE kmd