IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 12883 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. DR.SHAHEDA SHAJAHAN,D/O.MUSTHAFA, AGED 44 YEARS,PROPRIETOR,INDO-ARAB-SUPER SPECIALITY AYURVEDA HOSPITAL,BUILDING NO.XVIII/87, THYNOTH NAGAR,ALUV-1. 2. DR.M.R.KRISHNA SWAMI PILLAI,AGED 65 YRS, CHIEF MEDICAL OFFICER,INDO-ARAB-SUPER SPECIALITY AYURVEDA HOSPITAL,BUILDING NO.XVIII/87, THYNOTH NAGAR,ALUVA-1. BY ADV. SRI.M.K.NOUSHAD RESPONDENT(S): --------------- 1. USMAN,AGED ABOUT 55 YEARS,KALARITHODI, SWANTHANAM COUNCILLING CENTRE,VANDOOR, MALAPPURAM DISTRICT. 2. JABBAR,AGED 44 YEARS,ANIKKADAN HOUSE, SREEMOLA NAGARAM,KALADI,ERNAKULAM DISTRICT. 3. MUHAMMED,AGED 41 YEARS,S/O.FAKKEER ABBAS NATHAYIKUNDILH HOUSE,UPPINANGADI,KUTTOOR TALUK, MANGALAPURAM DISTRICT. 4. MADHAVAN,AGED 55 YEARS, THYKOOTTATHIL HOUSE,CHERUVALAPPU, CHARAI. 5. SOMAN PILLAI,AGED 51 YEARS, PALAVILA HOUSE,ARAKKARA.P.O,KANYAKUMARI. 6. VINOD KUMAR,AGED ABOUT 38 YEARS, FORMER SUB INSPECTOR OF POLICE,ALUVA POLICE STATION. WPC.12883/10 2 7. SABU,AGED ABOUT 30 YEARS, REPORTER,SIRAJ DAILY,ALUVA. 8. RADHAKRISHNAN,AGED ABOUT 51 YEARS, FORMER A.S.I.OF ALUVA POLICE STATION. 9. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION,ALUVA,ERNAKULAM DISTRICT. 10. THE CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION,ALUVA,ERNAKULAM DISTRICT. 11. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL,ERNAKULAM. 12. DIRECTOR GENERAL OF POLICE, KERALA. 13. THE SECRETARY TO GOVERNMENT,HOME DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. R1 BY ADV. SRI.K.M.SATHYANATHA MENON R9 TO R13 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.12883/10 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE LICENCE ISSUED BY ALUVA MUNICIPALLITY. EXT.P2: TRUE COPY OF CERTIFICATE ISSUED BY THE INDIAN BOARD OF ALTERNATIVE MEDICINE. EXT.P3: TRUE COPY OF CERTIFICATE AND RELEIVING LETTER FROM TAMIL NADU GOVT. SERVICE. EXT.P4: TRUE COPY OF THE F.I.R. AND F.I.STATEMENT IN CRIME NO.3150/09 OF ALUVA POLICE STATION. EXT.P5: TRUE COPY OF THE F.I.R. AND F.I.STATEMENT OF CRIME NO.3142/09. EXT.P6: TRUE COPY OF F.I.R. AND F.I.STATEMENT IN CRIME NO.3152/09 OF THE ALUVA POLICE STATION. EXT.P7: TRUE COPY OF ORDER DATED 30.12.2009. EXT.P8: TRUE COPY OF COMPLAINT FILED BY PETITIONER. EXT.P9: TRUE COPY OF COMPLAINTS FILED BY PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOVT. OF INDIA TRADE MARKS REGISTRY, CHENNAI DATED 25.3.2009. EXT.R1(b): TRUE COPY OF the CERTIFICATE ISSUED BY THE INDIAN BOARD OF COMPLEMENTARY MEDICINES SYSTEM TO THIS RESPONDENT DATED 22.2.2004. EXT.R1(c): TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDIANBOARD OF COMPLEMENTARY MEDICINES SYSTEM TO THIS RESPONDENT DATED 10.9.2004. EXT.R1(D): TRUE COPY OF THE CERTIFICATE ISSUED BY THE SPECIAL GRADE SECREARY, WANDOOR GRAMA PANCHAYAT IN FAVOUR OF THIS RESPONDENT DATED 22.5.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.12883 OF 2010 ------------------------------------------- Dated this the 3rd day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The first petitioner claims to have a Post Graduate Degree, on the basis of which, she is stated to be conducting a hospital in Alternative Medicines. She has the second petitioner, stated to a retired doctor from the Tamilnadu service. He is stated to be an Ayurvedic doctor. The petitioners stated that they have a 10 bed hospital, however, allege that the private respondents are creating law and order situation on the false allegation that the petitioners are not duly competent and that the hospital is unauthorised. As of now, there is nothing to show that there is any interdiction by the competent statutory authorities against the petitioners running the establishment. It is also the petitioners case, which they have shown with materials, that they have due licence from the local municipal authority. Under such circumstance, we find that the private respondents have no WPC.12883/10 2 shred of right, in any manner, to obstruct the activities of the petitioners or endanger the life and property of the petitioners. Hence, we allow this writ petition directing that the official respondents will ensure that the petitioners are provided adequate protection for their life and property, including the Indo-Arab Ayurvedic Hospital, building No.XVIII/87 situated at Thynoth Nagar, Aluva. This judgment does not preclude any statutory authority from taking any action in accordance with law, if they are so advised, however, without treating this judgment as a pointer to ensure any such action. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.3/09.