IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 31984 of 2010(W) -------------------------------------- PETITIONER(S): ---------------------- 1. T.V.MADHAVAN VAIDYER, S/O. KRISHNAN VAIDYER, AGED 69 YEARS, THAZATH VEEDU, PULPATTA POST, MANJERI, MALAPPURAM DISTRICT. 2. K.P.VELAYUDHAN VAIDYER, S/O.CHEKKAI, AGED 74 YEARS,KOOTTUKUCHIPARAMBIL HOUSE, MANJERI POST,MALAPPURAM DISTRICT. 3. BABU GURUKKAL, S/O. APPUTTY NAIR, AGED 50 YEARS, JAYA NIVAS, POST VELIMUKKU SOUTH, TIRURANGADI TALUK,MALAPPURAM DISTRICT. 4. P.K.AHMED KOYA THANGAL, S/O. KUNHI THANGAL, AGED 50 YEARS, PADINJARA MALIKAKKAL HOUSE, POST THALASSERY, THRISSUR DISTRICT. 5. K.C.MOHAMMEDKOYA VAIDYAR, S/O. IMBICHIMOIDY HAJI, AGED 57 YEARS, V.M. COLLEGE, THADAVILY, PALAKKULAM,POST, KARUVAMBRAM,MANJERI,MALAPPURAM DISTRICT. 6. KRISHNAN VAIDYER, S/O. VASU VAIDYER, AGED 48 YEARS, THOZHUVANOOR POST, VALANCHERY, MALAPPURAM DISTRICT. 7. K.KUNHIPPA, S/O. AVARANKUTTY, AGED 58 YEARS, RAMANATTUKARA POST, KOZHIKODE DISTRICT. 8. ABDUL NASSAR.P.P.K., S/O. KUNJAPPU, AGED 48 YEARS, PUTHANGOOTU PULCKKALATHIL, KARKKITAMKUNNU POST,PALGHAT DISTRICT. 9. ABDUL RAZAK GURUKAL,S/O.HUSAIN HAJI, AGED 50 YEARS, PADATH HOUSE, ARAVANKARA NEW BAZAR, VELUVAMBRA POST,MALAPPURAM DISTRICT. 10. UMMER PACHAKUNNATH, S/O. ABOOBACKER, AGED 52 YEARS, PACHAKUNNATH VAIDYABHAVAN, POST THIRUNNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT. WPC NO.31984/2010 -2- 11. P.M. MOHAMMEDALI GURUKKAL, S/O. MOIDY, AGED 51 YEARS,PUZHAKKARA ILLATH HOUSE, ATHIKAD AKAMBADAM POST, NILAMBUR TALUK, MALAPPURAM DISTRICT. 12. YOUSUF.K.GURUKAL, S/O.MOIDEENKUTTY GURUKKAL, AGED 51 YEARS,MALAVARAM AYRVEDIC CENTRE, PATHANGULAM POST. 13. K.VELAYUDDHAN VAIDYER, S/O. LATE PARANGODAN VAIDYER, AGED 68 YEARS, SHREEDEVI BHAVAN, THIRUVALI, MALAPPURAM DISTRICT. 14. K.P.NARAYANAN VAIDYER, S/O. MAMMANKUTTY, AGED 65 YEARS, KUTTIPULI, POST THRIKKALANGOD ERANAD TALUK, MALAPPURAM DISTRICT. 15. K.DASAN VAIDYER, S/O. KORUKUTTY, AGED 63 YEARS, KANDALATH HOUSE, PULIYAKODE POST, ERANAD TALUK, MALAPPURAM DISTRICT. 16. T.SHIVASANKARAN VAIDYER, AGED 67 YEARS, THELEPURAKKAL VEEDU, PANDAMANGALAM,KOTTAKKAL. 17. C. VELAYUDHAN VAIDYER, S/O. CHANDUKUTTY, AGED 60 YEARS, VELLUVAMBRAM POST, ERANAD TALUK, MALAPPURAM DISTRICT. 18. V.M. YOUSUFF VAIDYER, AGED 58 YEARS, VALLANCHIRA VEEDU, MANJERI COLLEGE POST, ERANAD TALUK,MALAPPURAM DISTRICT. 19. K.ABDUL MAJEED, S/O. IBRAHIM, AGED 50 YEARS, KASUVEN HOUSE, POST KAVANNUR, ERANAD TALUK,MALAPPURAM DISTRICT. 20. O.SWAMINATHAN VAIDYER, S/O.VELUKUTTY VAIDYER, AGED 56 YEARS, SOUPARNIKA, CHEMMALAPARAMBA.P.O., KONDOTTY, ERANAD TALUK, MALAPPURAM DISTRICT. 21. A.K.SURESH, S/O. SUKUMARAN NAIR, AGED 48 YEARS, KOLOTHUMTHODI VEEDU, KAVANNUR POST, AREEKODE,MALAPPURAM DISTRICT. 22. V.RAVINDRAN VAIDYER, S/O.VASU VAIDYER, AGED 48 YEARS, VILAKKINIKADU VEEDU, POST KEEZHISSERI, ERANAD TALUK, MALAPPURAM DISTRICT. 23. T.V.BALAKRISHNAN VAIDYER, S/O.MADHVAN VAIDYER, AGED 49 YEARS, THAZHATH VEDDIL(SREERAGAM), PULPATTA POST, MANJERI, MALAPPURAM DISTRICT. 24. K.VIJAYAN VAIDYER, S/O. K.VELAYUDHAN VAIDYER, AGED 49 YEARS, SREEDEVI BHAVAN, THIRUVALIL, MALAPPURAM DISTRICT. WPC NO.31984/2010 -3- 25. K.HARIDASAN VAIDYER, S/O. VELAYUDHAN VAIDYER, AGED 45 YEARS, SREEHARI, MULLUMBARA, MANJERI, MALAPPURAM DISTRICT. 26. CHANDRAN PANIKKAR, S/O. KUNHAN PANIKKAR AGED 45 YEARS, MORAYOOR POST, MALAPPURAM DISTRICT. 27. K.NARAYANAN VAIDYER, S/O.K.AYYAPPAN VAIDYER, AGED 46 YEARS, KRISHNASHREE, EDASRIKKADU,MALAPPURAM DISTRICT. 28. P.M.POOKKOYA THANGAL, S/O.IMBICHIKOYA THANGAL, AGED 45 YEARS, PUTHAN MALIYEKKAL VEEDU, PAPPINIPPARA.P.O., MANJERI,MALAPPURAM DISTRICT. 29. K.PAVITHRAN VAIDYER, S/O. K.SREEDHARAN VAIDYER, AGED 46 YEARS, SREEGARDEN, MUNDUPARAMBA,MALAPPURAM DISTRICT. 30. SHAJIMON VAIDYER, S/O. NOTTAN VAIDYER, AGED 45 YEARS, PATINHAREPURAKKAL VEEDU, PATHIRIYAL POST, THIRUVALI, MALAPPURAM DISTRICT. 31. NIZAMUDDN.A.P., S/O. MOINKUTTY GURUKKAL, AGED 45 YEARS, AMBALAPPARAMBAN HOUSE, THANDAKKUNNU-MANJERI,ERANAD TALUK, MALAPPURAM DISTRICT. 32. PINDIMANA THOMAS VAIDYER, S/O. J.J.VARGHESE, AGED 64 YEARS, PINDIMANA-DIVINE, MANASSERI POST, KOZHIKODE DISTRICT. 33. RONALD DANIEL VAIDYER, S/O. LONA, 'NATURE WING', NARANGAKUNDU, PERINTALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT-676505. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT-670301. 3. THE SUPERINTENDENT OF POLICE, PALGHAT DISTRICT-678014. 4. THE ASSISTANT EXCISE COMMISSIONER, MALAPPURAM-676505. 5. THE ASSISTANT EXCISE COMMISSIONER, KOZHIKODE-670301. WPC NO.31984/2010 -4- 6. THE ASSISTANT EXCISE COMMISSIONER, PALGHAT-678014. 7. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY TO GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695001. BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.31984 of 2010-W ---------------------------------------------- Dated, this the 28th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioners complain harassment by the police. In short, their case is that they are paramparya vaidyas belonging to Malabar area of the State of Kerala. They relied on Ext.P3 order passed by the Government in support of their claim that they are entitled to practise. Their complaint is that respondent police officers and excise officers are interfering with their practice. 2. Learned Government Pleader, on instructions, would submit as follows: In the aftermath of the recent hooch tragedy police officers and excise officers tightened their surveillance. He would submit that in some cases violations of law are being found. He would further submit that apart from conducting lawful investigation/search as empowered by law they will not pressurize the petitioners to close down their practice. There is also reference in the writ petition to the writ petition filed against the practice being WPC 31984/2010 -2- conducted by the petitioners. We make it clear that the police officers and excise officers will be free to carry on any investigation/search /inspection as they are advised to do and for which they have authority in law. We also make it clear that if there is any order by any competent Court, it will be open to them to act in terms of the said order necessarily. However, we record the submission of the learned Government Pleader that, apart from the above neither the police officers nor the excise officers will compel the petitioners to close down their practice. The writ petition is disposed of in terms of the above. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS