IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 8297 of 2009(F) ------------------------- PETITIONER(S): --------------- 1. V.DEVAPRASAD, S/O.K.VASUDEVAN, AGED 5 YEARS, PALAVILA HOUSE, KURUNNILAKKODU, EDAVA P.O., THIRUVANANTHAPURAM. 2. K.S.SAJIN, S/O.PRABHAKARAN, AGED 32 YEARS, MUKKALAKKAL HOUSE, KUDAVANADU PERAYAM P.O., PACHA(VIA)-695562. 3. G.PARAMESWARAN NAIR, S/O.GANGADHARAN, AGED 53 YEARS, VISWAMBHARATHI, ULLOOR, TC/1750/2, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. T.VIJAYAN VAIDYAR @ SWAMI VIJAYANANDA, S/O.THANKAPPAN VAIDYAN, AGED 50 YEARS, PUNNAVILA PUTHEN VEETTIL HOUSE, CHANDAMANGALAM, NEDUMANGAD. 5. R.RAVI VAIDYAR, S/O.RAGHAVAN VAIDYAR, AGED 52 YEARS, RATHEESH BHAVAN, KALLUKUNNU, NAGACHERY ANNADU P.O., P.RAMANATHA PILLA, PERUMAL PILLA DRUGS, PUTHENCHANDA, THIRUVANANTHAPURAM. 6. B.VISWAMBARAN, S/O.BALAN VAIDYAN, AGED 60 YEARS, THOPPIL HOUSE, KAIPPADY, KARAKULAM P.O., THIRUVANANTHAPURAM. 7. P.PRABHAKARAN, AGED 67 YEARS, PRABHA NILAYAM, AANADU, NEDUMANGAD. 8. P.LATHA, AGED 35 YEARS, LATHA BHAVAN, AANADU, NEDUMANGAD. 9. K.VIJAYA MOHANAN NAIR, AGED 60 YEARS, KARAYIDATHU PUTHENPURA, PEROOR P.O., ETTUMANOOR, KOTTAYAM. WPC NO.8297/2009 10. PANDIKASSALA ABDUL SATHAR GURUKAL, AGED 50 YEARS, S/O.MUHAMMED ILLYAS, KALARIKKAL THODI VEEDU, NEDUMANGAD TALUK, PANGODU PANCHAYATH, KOCHALUMOODU. 11. K.C.SATHISH CHANDRAN NAIR, S/O.RAMAKRISHNAN THAMPI, AGED 60 YEARS, VIJAYABHAVANAM, MURIYATHOTTAM, PARASSALA P.O., THIRUVANANTHAPURAM. 12. RAJENDRAN R., S/O.P.RAMAKRISHNAN, AGED 55 YEARS, ASWATHY BHAVAN, MALAYAM P.O., THIRUVANANTHAPURAM. 13. G.T.SURESH, AGED 48 YEARS, S/O.GOVINDAPILLA VAIDYAN, THATTAMVILAKATHU HOUSE, PAYATTADI, PACHA P.O., THIRUVANANTHAPURAM. 14. M.IMAMUDHEEN (I.K.THANGAL), AGED 45 YEARS, S/O.S.M.THANGAL, PLAVILA HOUSE, KURAKODU MANGALAMPURAM, THONNAKKAL P.O., THIRUVANANTHAPURAM. 15. SHIBU K.M., S/O.KRISHNANKUTTY VAIDYAN, AGED 45 YEARS, SHIJI BHAVAN NANDIYODU, PACHA P.O., THIRUVANANTHAPURAM. 16. S.PRIYA PRASAD, AGED 40 YEARS, LAKSHMI VILAKATH HOUSE, THENGAPPURA ROAD, PETTA P.O., THIRUVANANTHAPURAM. 17. P.RAMANATHA PILLA, S/O.PERUMAL PILLA, AGED 65 YEARS, PERUMAL PILLA DRUGS, PUTHENCHANDA, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU ABRAHAM SRI.R.RATHEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COUNCIL OF INDIGENOUS MEDICINE, REP. BY THE REGISTRAR, OFFICE OF THE MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM. WPC NO.8297/2009 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. THE EXCISE COMMISSIONER, KERALA, THIRUVANANTHAPURAM. 5. THE DRUG CONTROLLER, OFFICE OF THE DRUG CONTROLLER, RED CROSS ROAD, THIRUVANANTHAPURAM. 6. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HEALTH & P.W., NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R6 MR.M.A.ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8297 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T The petitioners are practitioners of Sidha System of Medicine. It is stated that they have submitted Exts.P4 to P6 applications seeking exemption from registration under the Travancore Cochin Medical Practitioners Act. Orders have not been passed on these applications and in the meanwhile, they are prevented from continuing practice of Sidha System of Medicine. It is in these circumstances, the writ petition has been filed. 2. The learned counsel for the petitioners makes reference to Exts.P10 & P11 judgments dated 15/03/2005 & 24/02/2009 rendered by the Division Bench of this Court in Writ Appeal Nos.2336/2005 and 391/2009 respectively, and submits that in identical cases orders have been passed by this Court directing consideration of applications for exemption. It is also pointed out that the Division Bench had directed that status quo prevailing on the date of judgment shall be maintained in the meanwhile. 3. A reading of Exts.P10 & P11 show that the case of the WP(C) No.8297/2009 -2- petitioners herein is similar to what has been dealt with by the Division Bench in the aforesaid cases. If that be so, the petitioners herein are also entitled to similar reliefs. Accordingly, I dispose of the writ petition with the following directions:- That the 1st respondent, before whom Exts.P4 to P6 and individual applications are stated to have been filed, shall consider those applications submitted by the petitioners seeking exemption from registration under the provisions of the Travancore Medical Practitioners Act. Orders on these applications shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. While orders are passed as above, the 1st respondent shall duly adverted to Exts.P10 & P11 judgments rendered by this Court. 4. In the meanwhile, it is directed that status quo as on date will be maintained by the respondents. Needless to say that the petitioners shall not practice any system of medicine other than Sidha, in the meanwhile. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg