IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 20424 of 2009(W) --------------------------------------- PETITIONER(S): ---------------------- 1.M.K.CHANDRAMANI, S/O.K.NARAYANAPANICKER, MEETHAL, KUNNAMBATH HOUSE, CHOMBALA POST, VADAKARA, KOZHIKODE DISTRICT. 2. PREETHA K.T.K., D/O.KANNAN, ETHILOTE MEETHAL HOUSE, PATHIYARAKKARAKARA P.O., VADAKARA VIA, KOZHIKODE DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, EDACHARI POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION. 4. THE TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS SECRETARY, RED CROSS ROAD, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 BY STANDING COUNSEL SRI.N.RAGHURAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 20424 OF 2009 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CERTIFICATE DATED 8.1.2003 ISSUED BY THE NEHM OF INDIA, NEW DELHI TO THE IST PETITIONER. EXT.P2. TRUE COPY OF THE CERTIFICATE DATED 16.7.2003 ISSUED BY THE REGISTRAR NEHM OF INDIA, NEW DELHI. EXT.P3. TRUE COPY OF THE CERTIFICATE DATED 1.1.2003 ISSUED BY THE NEHM OF INDIA, NEW DELHI TO THE 2ND PETITIONER. EXT.P4. TRUE COPY OF THE CERTIFICATE DATED 16.7.2003 ISSUED BY THE NEHM OF INDIA, NEW DELHI. EXT.P5. TRUE COPY OF THE JUDGMENT DATED 6.11.2001 IN OP NO.30308 OF 2001 OF THIS HONOURABLE COURT. EXT.P6. TRUE COPY OF THE JUDGMENT DATED 18.11.1998 IN FAO NO.205 OF 1992 ON THE FILE OF THE HONOURABLE HIGH COURT OF DELHI. EXT.P7. TRUE COPY OF THE ORDER DATED 20.6.2003 OF THE DIRECTORATE OF HEALTH SERVICES, GOVERNMENT OF NCT, DELHI. EXT.P8. TRUE COPY OF THE JUDGMENT DATED 17.12.2008 IN W.P.(C0 NO.19484/2008 OF THIS HONOURABLE COURT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.20424 of 2009-W ---------------------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows:-- “i. to declare that the petitioners are entitled to practice electropathy/electro homeopathy and neither the respondents nor any other person or persons have any manner of right or authority to interfere with the petitioner's practice of the aforesaid system of medicine. ii. to issue a writ of mandamus or any other appropriate writ direction or order directing the respondents not to interfere with electropathy/electro homeopathy practice of the petitioners. Iii. To issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd and 3rd respondents not to harass or to intimidate the petitioners or to obstruct them in their practice in electropathy/electro homeopathy.” 2. Briefly put, the case of the petitioners is as follows:-- Petitioners are practitioners of electropathy/electro homeopathy. There is no statute, rules or regulations restricting the practice of electropathy/electro homeopathy. They have fundamental right under Article 19 (1) (g) of the WPC 20424/2009 -2- Constitution. Petitioners have produced Exts.P1 and P2 certificates. Exts.P5 is the judgment of this Court and Ext.P6 is the judgment of High Court of Delhi which are in their favour. Ext.P7 is the order of the Directorate of Health Services , Government of NCT, Delhi. Ext.P8 is the judgment of the Division Bench of this Court. 3. We would think that the issue raised ought to be answered on the lines of Ext.P8 judgment. We respectfully follow the same and dispose of the writ petition as follows: The State or its agents shall not interfere in the practice of electropathy/electro homeopathy by the petitioners. But, the petitioners shall not use designations like 'Doctor' etc. They shall not practice Modern Medicine, Homeopathy or any of the Indian systems of Medicine. They shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioners continue with the practice of electropathy/electro homeopathy without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioners commit some cognizable offence by WPC 20424/2009 -3- practicing electropathy/electro homeopathy, the police have no power or authority to interfere with their practice or summon them to the police station with a view to prevent their practice of electropathy/electro homeopathy. We make it clear that it will be open to the State or its agents to proceed in accordance with law if the petitioners violate any statutory provision. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS