IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 23^RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946 WP(C) NO. 23870 OF 2017 PETITIONERS:

1 MALABAR PARAMBARYA UNANI HAKEEM SANGAM (REG.NO. 1034 OF 1991)PATTAMBI ROAD, EDAPPAL,EDAPPAL P.O., MALAPPURAM, PIN - 679 576.REPRESENTED BY ITS SECRETARY MOOSAKUTTY K.P., AGED 66 YEARS,S/O. KUNHIMOHAMED, KOZHAKKATTIPARAMBIL HOUSE,TIRUR P.O., MALAPPURAM, PIN - 676 101.

2 ABDULLAKOYA THANGAL AGED 62 YEARS, S/O. MOHAMEDKOYA THANGAL,KADUNGOTH HOUSE, VALANCHERY P.O., MALAPPURAM,PIN - 676 552.

3 MOHAMMED K.P.

AGED 63 YEARS, S/O. MOHAMEDKUTTY HAJI,KAVUMPALATHM HOUSE, EDAPPAL P.O., MALAPPURAM, PIN - 679 576.

4 HUSSAIN C.A.

AGED 42 YEARS, S/O. ABDUTTY MUSALIYAR,CHUNGATH HOUSE, KARIKKAD P.O., THRISSUR, PIN - 680 519.

BY ADVS.

SRI.P.M.BENZIR SRI.JAICE JACOB SRI.G.G.MANOJ RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF AYUSH, AYUSH BHAVAN, B BLOCK,GPO COMPLEX, INA, NEW DELHI, PIN - 110 023.

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF AYUSH, ROOM NO. SBT 7,4TH FLOOR, SOUTH BLOCK, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN -

695 001.

3 CENTRAL COUNCIL OF INDIA MEDICINE REPRESENTED BY ITS REGISTRAR-CUM-

SECRETARYJAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAMHOMOEOPATHY ANUSANDHAN BHAWAN, 61-65, INSTITUTIONAL AREA,JANAKPURI NEW DELHI, PIN 110

058.

BY ADVS.

SRI.M.L.SURESH KUMAR, CGC SRI.M.PREMCHAND, SC, CCIM OTHER PRESENT:

SRI.M.PREMCHAND, SC, SRI.DHEERAJ A.S., GP, SRI.

M.L.SURESHKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J ............................................................

W.P.(C) No.23870 of 2017 .............................................................

Dated this the 23^rd day of January, 2025

JUDGMENT

The writ petition is filed seeking the following reliefs:- “a) declare that conventional and traditional practitioners of Unani system of medicine are not governed by the provisions of the Indian Medicine Central Council Act, 1970 or the Travancore-Cochin Medical Practitioner's Act, 1953;

b) declare that in the absence of any legislation that is applicable, conventional and traditional practitioners of Unani systems of medicine known as parambarya Unani Hakims are governed by customary law;

c) to issue a writ of mandamus or such other appropriate writ, direction or order commanding Respondents 1 and 2 to take all possible measures conducive for the protection, preservation, development and protection of traditional systems of medicine;

d) to issue a writ of mandamus or such other appropriate writ, direction or order commanding Respondents 1 and 2 to permit traditional Unani Hakims to practice Unani medicine as per customary law till a comprehensive legislation is brought out on the subject.”

2. It is submitted by all sides that the issue is covered against the petitioners by the judgment of this Court in W.P.(C) No.21419 of 2009 and connected cases dated 14.10.2020 and by the judgment of the Hon'ble Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and others [MANU/SC/0367/2018]

Given the above, nothing further remains to be considered in this writ petition and the same is accordingly dismissed by following the above judgments.

Sd/-

MOHAMMED NIAS C.P.

JUDGE Anu APPENDIX OF WP(C) 23870/2017 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION NO. 1034 OF 1991 DATED

11.12.1991 ISSUED UNDER THE SOCIETIES REGISTRATION ACT.

EXHIBIT P2 PHOTOCOPY OF THE REPRESENTATION DATED

18.02.2010 SUBMITTED BY THE 1ST PETITIONER TO THE MINISTER OF HEALTH .