IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 30766 of 2008(K) -------------------------------------- PETITIONER(S): ---------------------- PRAKASH, S/O.VIKRAMAN NAIR, PAVITHRAM, ERAMATHOOR, MANNAR. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, HARIPAD. 3. THE SUB INSPECTOR OF POLICE, TRIKUNNAPUZHA. *ADDL. R4 IS IMPLEADED. 4. KERALA MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM. *R4 IS IMPLEADED AS PER ORDER DT. 28.10.08 IN IA. 13483/08. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR ADDL.R4 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30766/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE ISSUED BY THE INDIAN BOARD OF ALTERNATIVE MEDICINES DT. 1.3.99. P2:- COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY THE PANCHAYATH DT. 30.8.07. P3:- COPY OF THE PUBLIC NOTICE ISSUED BY UNITED INDIA INSURANCE COMPANY DT. NIL. P4:- COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE INDIAN BOARD OF ALTERNATIVE MEDICINES DT. 29.12.97. P5:- COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE INDIAN BOARD OF ALTERNATIVE MEDICINES DT. 8.4.99. P6:- COPY OF THE LETTER ISSUED BY THE KERALA STATE MENTAL HEALTH AUTHORITY DT. 6.9.97. P7:- COPY OF THE ORDER OF THE HON'BLE HIGH COURT DT. 15.11.96 IN LETTER OP. 12939/96. P8:- COPY OF THE ORDER OF THE HON'BLE HIGH COURT DT. 31.1.01 IN OP. 32457/2000. /TRUE COPY/ P.S. TO JUDGE tss J.B. KOSHY, Ag. CHIEF JUSTICE & P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 30766 OF 2008 ......................................................................... Dated this the 9th January, 2009 J U D G M E N T KOSHY, Ag. CJ. : This Writ Petition is filed alleging police harassment. The petitioner is the proprietor of Elite Hospital, Karthikappally. 2. Learned Government Pleader submitted that the petitioner is not a qualified medical practitioner under the Act. According to the petitioner, he is not prescribing any medicines to any of the patients and that the medicines are prescribed only by the qualified doctors in his hospital. It is submitted that he is only doing some diagnosis as he has studied Hypnotherapy. 3. Learned Government Pleader submitted that on the basis of the complaint filed by the Indian Medical Association, the matter was enquired into by the police since unqualified practitioners cannot be allowed to prescribe medicines to patients. It is also submitted that they have a duty to see that the petitioner is not practising or prescribing medicines to W.P.(C) No. 30766 OF 2008 2 patients and that they are only conducting enquiry and not harassing the petitioner. We are not obstructing the police from their duty to see that the petitioner is not prescribing medicines to patients, but police shall not harass the petitioner as he is not prescribing allopathic or ayurvedic or homoeopathic medicines. The Writ Petition is disposed of as above. J.B. KOSHY, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk