IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 32551 of 2009(L) -------------------------------------- PETITIONER(S): ---------------------- 1. KAVITHA.T., AGED 22 YEARS, S/O.K.K.VIJAYAN, KOYADAN KIZHEKKEDATH HOUSE, KOYYAM P.O., VALAKKAI. 2. SRUTHY PUTHALATHU, AGED 25 YEARS, D/O.CHANDRAN PUTHALATHU, MUSTHAFA QUARTERS, NEAR K.S.E.B OFFICE, VANKULATHUVAYAL, AZHIKODE P.O., KANNUR. 3. SHAJINI K.M., AGED 23 YEARS, W/O.SAJITH T.V., ILLATHU VALAPPIL HOUSE, NEAR RATION PEEDIKA CHAL, AZHIKODE NORTH P.O KANNUR DIST, PIN - 670009. 4. NOORA MUHAMMED ABDUL KHADER, AGED 29 YEARS, D/O.P.M.ABDUL KHADER, FATHIMA QUATAGE, KAZHANAKOTA, KANNUR DIST. BY ADV. SRI.R.RANJITH SMT.RAJESWARI ANIL. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KANNUR. 3. THE CIRCLE INSPECTOR OF POLICE, SREEKANDAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, VALAPATTANAM, KANNUR DIST. 5. THE CIRCLE INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION. ADDL.6. TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM REPRSENTED BY ITS REGISTRAR. (Additional 6th respondent is suo motu impleaded vide order dated 16.11.2009 in the writ petition.) R1 TO R5 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN R6 BY ADV. SRI.N.RAGHURAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.32551 of 2009-L ---------------------------------------------- Dated, this the 4th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “a. to declare that the petitioners are entitled to practice Electropathy/Electro Homoeopathy and that the respondents 2 to 5 have no manner of right to interfere with the petitioners practicing the aforesaid system of medicinal therapy. b. to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents 2 to 5 not to interfere with Electropathy/Electro-Homoeopathy practice of the petitioners.” 2. Briefly put, the case of the petitioners is as follows:- Petitioners are practising Electropathy/Electro Homeopahty system of medical therapy. It is stated that Electropathy/Electro-Homeopathy is an integral part of the Alternative System of Medicine. It is stated that petitioners have got requisite qualifications. 3. Petitioners have produced Ext.P12 judgment, which, we think should govern this case also. Accordingly, we follow Ext.P12 judgment and allow the writ petition and direct that the State or its agents shall not interfere with the practice of Electropathy/Electro-Homeopathy by the petitioners. But, they shall not use designations like 'Doctor'. They shall not WPC No.32551/2009 -2- practice Modern Medicine, Homeopathy or any of the Indian Systems of Medicine. They shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioners continue their Electropathy/Electro-Homeopathy practice without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioners commit some cognizable offence by practising Electropathy/Electro- Homeopathy, the police shall not have any power to interfere with their practice or summon them to the police station with a view to prevent their practice of Electropathy/Electro- Homeopathy. We also make it clear that it is open to the State or its agents to proceed in accordance with law if the petitioners are found to act in violation of any statutory provision. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS