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2022 Supreme(Online)(KER) 40489
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944 WP(C) NO. 5559 OF 2022 PETITIONER/S:
SATHEESAN A AGED 56 YEARS S/O. ARJUNAN, PRESIDENT, NAVAJEEVAN LIBRARY &
SPORTS CLUB, MULLUVILA, VADAKKEVILA P.O, KOLLAM RESIDING AT SATHEESH BHAVAN, MULLUVILA, VADAKKEVILA P.O, KOLLAM - 691010.
BY ADV B.MOHANLAL RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR AYUSH DEPARTMENT, INDIAN SYSTEMS OF MEDICINE, GENERAL HOSPITAL JUNCTION, NEAR HOLY ANGELS CONVENT SCHOOL, VANCHIYOOR, THIRUVANANTHAPURAM - 695035.
3 THE DISTRICT MEDICAL OFFICER AYUSH DEPARTMENT, INDIAN SYSTEMS OF MEDICINE, ASRAMAM P.O, KOLLAM - 691002.
4 THE CITY POLICE COMMISSIONER KOLLAM CITY, KOLLAM - 691001.
5 THE DEPUTY SUPERINTENDENT OF POLICE SPECIAL BRANCH, CID, OFFICE OF THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM - 691001.
6 THE STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, ERAVIPURAM P.O, KOLLAM - 691011.
7 THE KOLLAM CORPORATION CORPORATION BUILDINGS, KOLLAM - 691001, REPRESENTED BY ITS SECRETARY.
8 UDAYABHANU S/O. KRISHNAN, PUTHEN VEEDU, MULLUVILA, VADAKKEVILA P.O, KOLLAM - 691010.
9 VIJAYAKAN S/O. VIJAYAN, CHIRAYIL PUTHEN VEEDU, AYATHIL P.O, KOLLAM - 691021.
BY ADVS.
SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA)
T.S.SARATH SAMEER M NAIR V.M.VISHNU MOHAN GEETHU KRISHNAN HARSHA SUSAN SAM S.SREEKUMAR (KOLLAM)
OTHER PRESENT:
GP RAJEEV JYOTHISH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['B MOHANLAL', 'SRI M K CHANDRA MOHAN DAS', 'SC', 'KOLLAM MPT', 'M KIRANLAL', 'MANU RAMACHANDRANR RAJESH VARKALAT S SARATHSAMEER M NAIRV M VISHNU MOHANGEETHU KRISHNANHARSHA SUSAN SAM']
JUDGMENT
Dated this the 15th day of November, 2022 The petitioner alleges that respondents 8 and
9 are conducting an Ayurveda Centre without valid professional degree or licence issued under the Travancore Cochin Medical Practitioners' Act. Learned Counsel for the petitioner contended that the right of paramparya vaidyas to practice traditional forms of medicine like Ayurveda and Siddha stands negatived by the decision of the Honourable Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and others [(2018) (6) SCC 648]. It is submitted that, other than registering a crime, neither the police nor the health authorities are taking any positive steps for closing down the centre conducted by respondents 8 and 9 and preventing them from prescribing medicines to persons.
2. Learned Counsel for the 8th respondent submitted that the crime was registered at the instance of a person having personal animosity towards the 8th respondent. The 8th respondent is not prescribing any medicine to patients and the Ayurveda Centre is being conducted under the supervision of registered medical practitioners. The petitioner is only utilizing his expertise for guiding the qualified doctors.
3. Learned Government Pleader submitted that in the light of the decision in Kerala Ayurveda Paramparya Vaidya Forum (supra), no person without prescribed qualification from recognised Universities and registration under the Travancore Cochin Medical Practitioners' Act, can practice any system of medicine in the State.
4. Having heard the learned Counsel and having gone through the decision of the Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum, (supra), particularly paragraphs 26 and 27 therein, I am convinced that no person can practice any system of medicine without prescribed qualification and registration. If, as alleged, respondent 8 and 9 are practicing Unani or Ayurveda system of medicines, the District Medical Officer/the third respondent is bound to conduct an enquiry and do the needful immediately.
The writ petition is accordingly disposed of, directing the third respondent to enquire and find out whether respondents 8 and 9 are practicing traditional systems treatment and prescribing medicines to patients. If they are found to be indulging in such practice, that should be informed to respondents 4 to 6. Thereupon, respondents 4 to 6 shall take appropriate steps for closing down the centres being conducted by respondents 8 and 9.
Needless to say that, in the enquiry conducted, opportunity of hearing should be afforded to the petitioner as well as respondents
8 and 9.
Sd/-
V.G.ARUN JUDGE Scl/15.11.2022 APPENDIX OF WP(C) 5559/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 239 DATED 02.11.2016 ISSUED BY THE 7TH RESPONDENT TO THE
8TH RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE REPLY NO.KR.09.
16 DATED 01.02.2017 OBTAINED BY THE PETITIONER FROM THE EXCISE RANGE OFFICE, KOLLAM.
Exhibit P3 THE TRUE CITIZEN COPY OF THE FIR IN CRIME NO. 1931/2016 OF ERAVIPURAM POLICE STATION, KOLLAM.
Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE NEWS ITEM APPEARED IN RESPECT OF THE 8TH RESPONDENT IN THE MALAYALA MANORAMA, DESHABHIMANI AND KERALA KAUMUDI DAILY DATED 01.09.2016 AND
31.08.2016.
Exhibit P5 THE TRUE COPY OF THE COMMUNICATION NO.
G1-6924/17 DATED 21.11.2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED
31.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.
Exhibit P7 THE TRUE COPY OF THE COMMUNICATION NO.A1/68/2018/DI(AY) DATED 09.04.2018 FROM THE DRUGS INSPECTOR (AYURVEDAM), KOLLAM TOT HE 6TH RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 28.10.2021 AND ITS REPLY NO.G2-8088/2021 DATED
16.11.2021.
Exhibit P9 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE STATE POLICE CHIEF, THIRUVANANTHAPURAM.
RESPONDENT EXHIBITS Exhibit R8(a) A TRUE COPY OF THE CERTIFICATE OF MEMB
