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2026 Supreme(Online)(Ker) 9647

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
E. VIJAYARAGHAVAN @ VIJAYAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 9803 OF 2015



Advocates:
For the Appellants/Petitioners: SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU, SMT.A.SIMI

The constitutionality of statutory provisions relating to medical practice was affirmed, impacting the petitioner's claims.

Headnote:In this case, the petitioner contends an unblemished practice in Homeopathic Medicine since 1978. The court noted that in Central Council of Indian Medicine and others v. State of Kerala and others [2020 KHC Online 759], the relevant reliefs cannot be granted due to the previous ruling that declared the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953, unconstitutional. The court framed the issue surrounding the petitioner's rights against the ruling and confirmed the findings that led to dismissal. Consequently, the writ petition is dismissed.

Table of Content
1. petitioner claims long-standing practice in homeopathy. (Para 1)
2. court references a past ruling pertinent to the petitioner's appeal. (Para 2)

JUDGMENT

Petitioner claims to have been practicing Homeopathic System of Medicine since 1978. He claims to have an unblemished practice all along. He is aggrieved by Ext.P17 refusing to consider his representation dated 22.01.2025.

2. Having heard the learned counsel for the petitioner as well as respondents, it is noticed that by the decision in Central Council of Indian Medicine and others v. State of Kerala and others [2020 KHC Online 759], the reliefs claimed by the petitioner cannot be granted.

In the said decision, this Court has already declared that the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act , 1953, is unconstitutional. Therefore, the writ petition has to be dismissed.

Accordingly, this writ petition is dismissed.

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