IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 29222 of 2010 (C) ------------------------------------ PETITIONER: -------------------- D.V.SHINE VAIDYAR, AGED 32, S/O.VASAVAN,VISHAVAIDYA SALA, MAMPOYIL, CHUNKATHARA PO, NILAMPUR. BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT: --------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA , PIN 679 322. 3. THE SUB INSPECTOR OF POLICE, EDAKKARA, MALAPPURAM DISTRICT, PIN 679331. 4. P.K.SAINABA, MUTHRI HOUSE, THACHAMCODE, CHUNKATHARA PO, MALAPPURAM DISTRICT, PIN 674 334. 5. HIND ABDUL NAZAR, MUTHRI HOUSE, THACHAMCODE,CHUNKATHARA PO, MALAPPURAM DISTRICT. 6. ROMINA VARGHESE, MARUTHANAMKUZHI HOUSE, PUKOTTUMANA, CHUNKATHARA PO, MALAPPURARM DISTRICT. PIN – 674 334. R1 TO R3 BY GOVERNMENT PLEADER, T.K.VIPINDAS, R4 TO R6 BY ADVS. SRI.P.SANJAY SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29222 of 2010 © APPENDIX PETITIONER'S EXHIBITS. EXT.P1. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE TAHSILDAR, NILAMBUR DATED 8.12.1998 TO THE PETITIONER. EXT.P2. COPY OF THE COMMUNICATION DATED 2.9.2005 ISSUED BY HEALTH DEPARTMNENT TO THE PETITIONER. EXT.P3. COPY OF THE GOVERNMENT ORDER NO.145/2009 THIRUVANANTHAPURAM DATED 4.6.209. EXT.P4. COPY OF THE LICENCE DATED 20.7.2007 UNDER KERALA PANCHAYAT RAJ ACT. EXT.P5. COPY OF THE LETTER FROM CHUNKATHARA GRAMA PANCHAYAT TO THE PETITIONER DATED 14.12.09. EXT.P6. COPY OIF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT RESPONDENTS EXHIBIT : NIL. P.S. TO JUDGE / TRUE COPY/ VK THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.29222 OF 2010 ------------------------------------------- Dated this the 30th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed on an apprehension that the private respondents would cause obstruction to the activities of the petitioner as a Vaidya. While the petitioner would assert that he belongs to a family of traditional Vaidyas, the private respondents would state that he is an unqualified person and essentially a quack. Even if that were so, we are of the view that the private respondents cannot take law into their hands, but would be entitled to take such lawful measures as is permissible, including by giving information to the competent statutory authorities regulating the field of medicines, including indigenous medicines. It is also up to the police officers to look into any such complaint in concurrence with the relevant statutory authorities. The apprehension of the petitioner, as pointed out by the learned Government pleader, could be only WPC.29222/10 2 one of threat to his life. Under such circumstances, it is directed that the petitioner would be granted adequate security to his life. This is without prejudice to the powers of any competent authority to take such action, if any, found necessary even against the petitioner, on the totality of the facts and circumstances. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.01/10.