IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 28145 of 2009(K) --------------------------------------- PETITIONER(S): ---------------------- SHAIJU CHULLIPPURAM, AAVIKKAL HOUSE, AJANOOR, KOLAVAYAL P.O., KANJANGAD, KASARAGOD DISTRICT. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS SECRETARY, RED CROSS ROAD, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KASARAGODE DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KANJANGAD. R1R3, R4 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA R2 BY STANDING COUNSEL SRI.N.RAGHURAJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28145 of 2009(K) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE DIPLOMA CERTIFICATE NO.D.5005/05 DATED 28-12-2005 ISSUED BY NEHM OF INDIA. EXT.P2..TRUE COPY OF THE BEMS CERTIFICATE NO.D/5005/05 DATED 31.7.2009 ISSUED BY NEHM OF INDIA. EXT.P3..TRUE COPY OF THE GRADE B REGISTRATION CERTIFICATE NO. 2027 DATED 206.2006. EXT.P4..TRUE COPY OF GRADE A REGISTRATION CERTIFICATE NO.06456 DATED 24.8.09. EXT.P5..TRUE COPY OF THE JUDGMENT DATED 18.11.1998 IN FAO NO.205/02 PASSED BY THE HIGH COURT OF DELHI. EXT.P6..TRUE COPY OF the ORDER DATED 24.11.00 9IN SLP (CIVIL) NO.11262/00 PASSED BY THE SUPREME COURT OF INIDA. EXT.P7..TRUE COPY OF THE PROCEEDINGS DATED 20.6.03 BY THE DIRECTORATE OF HEALTH SERVICES GNCT DELHI. EXT.P8..TRUE COPY OF THE COMMON JUDGMENT DATED 17.12.2008 IN WPC NO.19484/08 OF THIS HON'BLE COURT. EXT.P9..TRUE COPY OF THE LETTER DATED 29.12.08. EXT.P10.TRUE COPY OF LETTER DATED 17.1.09. EXT.P11.TRUE COPY OF LETTER DATED 29.1.09. TRUE COPY PA.TO JUDGE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.28145 of 2009-K ---------------------------------------------- Dated, this the 25th day of January, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “i. to declare that the petitioner is entitled to practice Electropathy/Electro Homeopathy and that neither the respondents nor any other person or persons have any manner of authority to interfere with the petitioner's practice of the aforesaid system of medicine. ii. to issue a writ of Mandamus or any other writ or order directing the 3rd and 4th respondents and the officers under them not to harass or intimidate the petitioner or to obstruct him in the course of his practice of Electropathy/Electrohomeopathy, and iii. to issue a writ of Mandamus or any other writ or order directing the respondents not to interfere with Electropathy/Electro Homeopathy practice of the petitioner.” 2. We heard the learned counsel appearing for the WPC 28145/2009 -2- parties. 3. Briefly put the case of the petitioner is as follows:--Electropathy/Electro Homeopathy is a part of Alternative System of Medicine having herbal oriented medical treatment. Petitioner is a registered Medical Practitioner in Alternative Medicine namely Electropathy/Electro- Homeopathy. He had obtained Diploma in Electro Homeopathy Medicines (DEHM) and Bachelor of Electropathy Medicine & Surgery (BEMS) from Naturo Electro Homeopathy Medicos of India, New Delhi (Ext.P1, and Ext.P2). Ext.P3 is the registration certificate in DEHM and Ext.P4 is the registration certificate in BEMS. It is stated that petitioner is practising along with Dr. Hariprabha at Kumbala and he intends to start independent practice at Kanjangad, his native place. It is stated that there is opposition from the practitioners of Allopathy and Homeopathy to any new systems of Medicine entering the field of curative Sciences. Ext.P5 is the order of the High Court of Delhi supporting the case of the petitioner. Ext.P6 is the order of the Apex Court dismissing the Special Leave Petition. Ext.P7 is the WPC 28145/2009 -3- Notification issued by the Directorate of Health Services, Government of NCT of Delhi in view of the judgment on the subject and correspondence with Government of India. Ext.P8 is the judgment of a Division Bench of this Court supporting the case of the petitioner. Ext.P9 is stated to be the letter issued by the Collector, Kasargod directing the petitioner to approach the Travancore-Cochin Medical Council Registrar when the petitioner applied for sanction for practising Electropathy/Electro Homeopathy. It is stated that the District Medical Officer, Kasargod has required the petitioner to produce certain documents by Ext.P10. Ext.P11 is the communication from the District Medical Officer (Homeo). 3. We take note of Ext.P5 judgment. We also take notice of Ext.P8 judgment and we feel that the matter is to be disposed of in view of the same. Accordingly, we allow the writ petition and direct that State and its agents shall not interfere with the practising of Electropathy/Electro- Homeopathy by the petitioner. This is subject to the condition that the petitioner shall not practice Modern Medicine, Homeopathy or any of the Indian Systems of Medicine and WPC 28145/2009 -4- also on condition that he shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. We make it clear that if the petitioner continues only with practice of Electropathy/Electro-Homeopathy without infringing any other provisions of law, the police shall not interfere with the same. We also clarify that this judgment will not affect the powers of the State or its agents to proceed in accordance with law if the petitioner violates any statutory provision. We also make it clear that the petitioner will not be entitled to use the word 'Doctor' as a prefix to his name. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS