IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 20579 of 2006(Y) -------------------------- PETITIONER: ----------------- 1. R. SASIDHARAN NAIR, SASI BHAVAN, SADANATHAPURAM P.O., KOTTARAKKARA, KOLLAM. 2. K.K. SUNIL KUMAR, KRISHNALAYAM, NADAKKUTHAZHA, BADAKARA, KOZHIKODE. 3. BALACHANDRAN, PADMAVILASAM BANGLOW, AYIRA P.O., PARASALA, THIRUVANANTHAPURAM. 4. K. PRABHAVATHY, KURUPRAKANDI HOUSE, VALLUYOTH, EKAROOL P.O., KOZHIKODE. 5. R.L. SUNIL KUMAR (ANANDAN), THOPPIL ANANDA BHAVAN, MARAOOAKAMM, KIZHIVOOR P.O., THIRUVANANTHAPURAM. 6. P. PREMANANDAN, SWATHA, KUNNAMANGALAM P.O., KOZHIKODE. 7. D.E. LAWRANCE, GADHU BHAVAN, KUTTIKKADU, MAPPUKADA, MALAYINKIZHIL P.O., THIRUVANANTHAPURAM. 8. V.S. SOLIRAJ, VATTATHERI HOUSE, PALLIPODU P.O., CHERAI. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE COUNCIL OF INDIGENOUS MEDICINE REPRESENTED BY THE REGISTRAR OFFICE OF THE MEDICAL COUNCIL, RED CROSS ROAD, TRIVANDRUM. 3. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 4. THE EXCISE COMMISSIONER, KERALA, TRIVANDRUM. 5. THE DRUG CONTROLLER, OFFICE OF THE DRUG CONTROLLER, RED CROSS ROAD, TRIVANDRUM. 6. UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF HEALTH & F.W., NEW DELHI. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1TOR5 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 SRI.P.PARAMESWARAN NAIR, ASST. SG FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20579/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE MINUTES OF THE SIDHA ADVISORY COMMITTEE DATED 10.11.1971 EXHIBIT P2 : A TRUE COPY OF THE NOTIFICATION DATED 11.3.1980 GRANTING EXEMPTION TO ONE K. EDISON VAIDYAN, TRIVANDRUM FOR PRACTICING SIDHA SYSTEM MEDICINE. EXHIBIT P3 : A TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 3.5.1982. EXHIBIT P4 : A TRUE COPY OF THE NOTIFICATION DATED 8.3.1985 GRANTING EXEMPTION TO ONE BADRADEVI AMMA FOR CONDUCTING A SIDHA VAIDYA HOSPITAL AT TRIVANDRUM. EXHIBIT P5 : A TRUE COPY OF THE REPRESENTATION DATED 01.11.1995. EXHIBIT P6 : A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 12.11.1996. EXHIBIT P7 : A TRUE COPY OF THE JUDGMENT IN O.P. 1118/1991 DATED 17.6.1997. EXHIBIT P8 : A TRUE COPY OF THE JUDGMENT DATED 10.02.2003 IN O.P.NO. 17285/1997 OF THIS HON'BLE COURT. EXHIBIT P9 : A TRUE COPY OF THE REPRESENTATION DTD. 24.04.04 ADDRESSED TO THE 1ST RESPONDENT BY THE 1ST PETITIONER. EXHIBIT P10 : A TRUE COPY OF THE NOTICE DATED 04.11.04. EXHIBIT P11 : A TRUE COPY OF THE LETTER DATED 17.10.2003 ADDRESSED TO THE CENTRAL MINISTER FOR HEALTH AND FAMILY WELFARE BY THE THEN MINISTER FOR HEALTH AND FAMILY WELFARE FOR THE 1ST RESPONDENT, BY THE THEN HEALTH MINISTER, MR.P. SANKARAN. EXHIBIT P12 : A TRUE COPY OF THE JUDGMENT IN W.A. NO. 2336/05 DATED 15.3.06 OF THIS HON'BLE COURT /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.20579 OF 2006 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: 1. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondents to grant exemption to the petitioners under section 38 of the Travancore Cochin Medical practitioners Act 1953 enabling them to continue their practice without an hindrance or interference from the respondents. It is submitted that the petitioners had already approached the Government and the orders are yet to be passed. In case no orders have been passed on the applications made by the petitioners, they may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, appropriate orders in accordance with law in the matter will be passed within another three months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 20579 OF 2006 J U D G M E N T 05.09.2008