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High Court of KeralaSingle JudgePetitions disposed with directions to consider ...

P. Prabhakaran and Others v. State of Kerala and Others

Case / Petition Number:WP(C).No. 22176 of 2018 (V)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Justice Anu Sivaramaran
Judgment Date
2018-07-17
Court Decision / Holding
The writ petitions are ordered accordingly. There will be a direction to the respondents to take up, consider and pass orders on the applications preferred by the petitioners for exemption, within a period of three months from the date of receipt of a copy of the judgment. Petitioners shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent for compliance.
Final Disposition
Petitions disposed with directions to consider exemption applications within three months; compliance to be ensured with provision of judgment copy to the 1st respondent.

Parties to the Case

Appellants / Petitioners

  • P. Prabhakaran
  • T.K. Mohammed Ali
  • V.S. Venkitraman
  • K.T. Moideen Kutty alias K.Moideen
  • K.M. Abdurahiman
  • C. Alavi Kutty
  • K. Ali Koya
  • C.K. Abdul Hameed
  • M. Abdulla Kutty
  • C.K. Mohammed
  • K. Rajan
  • M.K. Raveendran
  • T. Krishnan
  • C.K. Moideen Kutty
  • M.H. Fathima Rahman
  • P.C. Beeran Kutty
  • U. Moideen
  • K. Sukumaran
  • V. Gopinathan Nair
  • N.M. Mohammed
  • T. Mohammed
  • M.K. Gopalakrishnan Nair
  • U.K. Mohammed
  • A.T. Kunhimohammed
  • A. Abdurahiman
  • M.K. Baburaij
  • K.T. Abdul Khader

Respondents

  • The State of Kerala represented by Secretary to Government, Health & Family Welfare Department, Secretariat, Thiruvananthapuram
  • The Registrar, Travancore Cochin Medical Council, Red Cross Road, Trivandrum
  • The Director General of Police, Police HQ, Vazhuthacaud, Trivandrum
  • The Commissioner of Excise, Nandavanam, Trivandrum
  • The Director of Panchayat, Palayam, Trivandrum

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Anil Kumar M. Sivaramaran
  • • Sri K. Narayanan Nair (NDD)

Counsels for Respondents

  • • Smti. Vinitha B. (Government Pleader)
  • • Sri N. Raghu Raj, SC, Travancore Cochin Medical Council & KNMC

Case Synopsis & Summary

This is a High Court of Kerala writ petition (WP(C)) challenging the necessity of registration to practice Homeopathy and seeking exemption from registration for a group of petitioners who are practitioners. The petitioners, 27 individuals, filed WP(C) No. 22176 of 2018 (and a companion 23116 of 2018) seeking a directive to the Health & Family Welfare Department to grant exemption from the mandatory registration under law so that they can practise Homeopathy without interruption. The respondents include the State of Kerala and several statutory authorities like the Travancore Cochin Medical Council, the Director General of Police, the Commissioner of Excise, and the Director of Panchayat. The court heard submissions that the issue of necessity for registration had been settled by a decision of the Apex Court and that registration is governed by the Indian Medicine Central Council Act; the Travancore-Cochin Medical Practitioners Act, 1953 allegedly applies to these petitioners. However, since exemptions were already sought, the court directed that those exemption applications be considered and disposed of in accordance with law. It ordered the respondents to take up, consider and pass orders on the exemption applications within three months from the date of receipt of a copy of the judgment, and for the petitioners to furnish a copy of the writ petition and judgment for compliance. The petitions were disposed with this direction.

Provisions of Law Cited

Travancore Cochin Medical Practitioners Act, 1953Indian Medicine Central Council Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that their applications for exemption from registration to practice Homeopathy were pending before the 1st respondent and ought to be considered and disposed of in accordance with law. Since exemption is pending, there is no justifiable reason to insist on immediate registration. The applicants urged that the legal regime should permit exemption pending final decision, especially given public interest and continued medical practice, and submitted that the statutory regime (in light of relevant decisions) requires a lawful, timely processing of exemption requests.

Contentions of Respondents

The respondents argued that the necessity for registration has been settled by a decision of the Apex Court (cited as Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and Others) and that the Indian Medicine Central Council Act governs registration. They asserted that the Travancore-Cochin Medical Practitioners Act, 1953 may apply subject to the overarching framework of the Central Act, and thus exemption requests must be examined consistent with the statutory regime and the cited apex court interpretation.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and Others2018(3) KHC 185PositiveThe court relies on this Apex Court decision to support the view that registration is a necessary precondition for practice, guiding the interpretation of exemption requests under the Indian Medicine Central Council Act.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940** **WP(C).No. 22176 of 2018** ## **-----------------------** ## **PETITIONER(S):** **--------------** **1. P. PRABHAKARAN, S/O.LATE KUNHAMAN, POTHODI HOUSE, PUTHENPEEDIKA P.O., OORAKKAM MELMURI, MALAPPURAM, PIN-676619.** **2. T.K. MOHAMMED ALI, S/O.T.K. ABOOBACKER, SADGAMAYA, NORTH AINNARA ROAD, THAZHEPPALAM ROAD, P.O. TIRUR, MALAPPURAM-676101.** ## **3. V.S. VENKITARAMAN,** **S/O.SUBRAMANYA VAIDYAR, SUBRAMANYA VIHAR, SANGEETHA ROAD, PERINTHALMANNA, MALAPPURAM DIST.-679322.** **4. K.T. MOIDEEN KUTTY ALIAS K.MOIDEEN, S/O.ALAVIKUTTY, PEEDIKAKKANDY, POTHETTIPARA POST, THAVANOOR, MALAPPURAM DIST.-673641.** ## **5. K.M. ABDURAHIMAN,** **S/O.MOHAMMED MUSALIYAR, KOZHIKKARAMATTIL HOUSE, POST OTHUKKUNGAL, MALAPPURAM DIST.-676528.** ## **6. C. ALAVI KUTTY,** **S/O.AHMED KUTTY, DARUSSALAM, POST THAVANOOR, KAZHIMANNA, MALAPPURAM DIST.-673641.** ## **7. K. ALI KOYA,** **S/O.AHMED KUTTY HAJI, KUDUNGAL HOUSE, POT POOKKOTTUM PADAM, MALAPPURAM DIST-679331.** **8. C.K. ABDUL HAMEED, S/O.MOHAMMED HAJI, CHIKKALAKUNNAN HOUSE, POST ANAKKAYAM, MALAPPURAM DIST-676509.** ## **9. M. ABDULLA KUTTY,** **S/O.ABDULLA KUTTY MUSALIYAR, MUSALIYARAKATH HOUSE, CHOLAKKAL, POST PAYYANAD, MANJERI, MALAPPURAM DIST-676122.** **10. C.K. MOHAMMED, S/O.ALAVI KUTTY, CKM HOMEO CLINIC, POST IRUMBUZHI, MALAPPURAM DIST-676513.** ## **WP(C).No. 22176 of 2018 (V)** ## **--------------------------** ## **11. K. RAJAN,** **S/O.LATE M.P. KRISHNAN NAIR, MOONAKKIL HOUSE, POST KURUVAMBALAM, KOLATHUR, MALAPPURAM DIST-679338.** ## **12. M.K. RAVEENDRAN,** **S/O.LATE AYYAPPAN, MELEKALATHIL HOUSE, POST IRUMBUZHI, MUNDUPARAMBA, MALAPPURAM DIST-675513.** ## **13. T. KRISHNAN,** **S/O.LATE NARAYANAN NAIR, THAMARASSERI HOUSE, POST PADINHATTUMURI, KUTTILANGADI, MALAPPURAM DISTRICT-676506.** ## **14. C.K. MOIDEEN KUTTY,** **S/O.ALAVI MUSALIYAR, CHEMBREERY HOUSE, POST PALLIKUTY, CHUNGATHARA, MALAPPURAM DIST-679334.** ## **15. M.H. FATHIMA RAHMAN,** **D/O.LATE HASSAN, KEYATH HOUSE, POST POOKOTTUR, MALAPPURAM DIST-676517.** ## **16. P.C. BEERAN KUTTY,** **S/O.HUSSAIN, SANTHWANAM, PALANTHODUVIL, POST MONGAM, MALAPPURAM DIST-673642.** **17. U. MOIDEEN, S/O.KUNHARAMU, ULINGAL HOUSE, POST VELLUR, POOKOTTUR, MALAPPURAM DIST-676617.** ## **18. K. SUKUMARAN,** **S/O.K. NARAYANA PANICKAR, KALARICKAL HOUSE, POST PULLENGODE, KALIKKAVU, MALAPPURAM DIST-676525.** **19. V. GOPINATHAN NAIR, S/O.KRISHNAN NAIR, SREENILAYAM, PAZHANHILATH, POST AMARAMBALAM ULLAD, MALAPPURAM DIST-679339.** **20. N.M. MOHAMMED, S/O.KUNHI MOIDEEN, PULICHERY HOUSE, NOREMOOCHIKKAL POST, VALLUVAMPURAM, MALAPPURAM DIST-673651.** **21. T. MOHAMMED, S/O.T. HYDROS KUTTY, THORAPPA MEDICAL STORES, 181/403 DOWN HILL, MALAPPURAM, MALAPPURAM DIST-679326.** **22. M.K. GOPALAKRISHNAN NAIR, S/O.NARAYANAN NAIR, MALMAL KADUNGOLATH HOUSE, KOVILAKATH MURI, POST NILAMBUR, MALAPPURAM DIST-679329.** **WP(C).No. 22176 of 2018 (V)** **--------------------------** **23. U.K. MOHAMMED, S/O.POOKOYA THANGAL, UCHARAKADAVATH HOUSE, POST CHEMBRASSERI, PANDIKKAD, MALAPPURAM DIST-676521.** **24. A.T. KUNHIMOHAMMED, S/O.ABDUL KHADER MUSALIYAR, ARATTUTHODY HOUSE, PARIMBALAM POST, MUNDUPARAMBA, MALAPPURAM DIST-676509.** **25. A. ABDURAHIMAN, S/O.MOYIN, PERINGOTTUPULAM, POST PAZHAMALLUR, MALAPPURAM DIST-676506.** **26. M.K. BABURAJ, S/O.SUKUMARAN, PP QUARTERS, OPP PETROL PUMP, ALATHUR PADI, MELMURI POST, MALAPPURAM DIST-676514.** **27. K.T. ABDUL KHADER, S/O.HASSAN HAJI, KOLLARUTHODUKAYIL, PANTHEERPADAM, KUNNAMANGALAM, DIST KOZHIKODE-673571.** **BY ADVS.SRI.ANIL KUMAR M.SIVARAMAN SRI.K.NARAYANAN NAIR (NDD)** ## **RESPONDENT(S):** ## **--------------** **1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.** **2. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, TRIVANDRUM-695001.** **3. THE DIRECTOR GENERAL OF POLICE, POLICE HQ, VAZHUTHACAUD, TRIVANDRUM-695008.** **4. THE COMMISSIONER OF EXCISE, NANDAVANAM, TRIVANDRUM-695002.** **5. THE DIRECTOR OF PANCHAYAT, PALAYAM, TRIVANDRUM-695002.** **R1, R3 TO R5 BY GOVERNMENT PLEADER SMT. VINITHA. B R2 BY SRI.N.RAGHURAJ, SC, TCMC & KNMC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2018 ALONG WITH WPC.23116/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mbr/** **WP(C).No. 22176 of 2018 (V) --------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** ## **---------------------** - **EXHIBIT P1 THE TRUE COPY OF THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT, 1953. EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 997 OF 1986 R. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 12851 OF 1993 E. EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 15956 OF 1992 Y. EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 14203 OF 1992 N. EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT OF JUDICIAL MAGISTRATE FIRST CLASS-V, KOZHIKODE DELIVERED ON 07-08-2003 IN C.C.NO.338/98. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO.3510 OF 1991-P AND 2390 OF 1993 H. EXHIBIT P8 THE TRUE COPY OF LETTER NO.7530/G2/01/H&FWD DATED 27TH MARCH 2001. EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 2875 OF 2003 S. EXHIBIT P10 THE TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 20-07-2007. EXHIBIT P11 THE TRUE COPY OF ORDER ISSUED BY THE STATE GOVERNMENT VIDE ORDER NO.GO(MS)NO.145/09/H&FWD DATED 4TH JUNE 2009. EXHIBIT P12 THE TRUE COPY OF ORDER NO.GO(MS)NO.239/09/H&FWD DATED 17-08-2009. EXHIBIT P13 THE TRUE COPY OF ORDER NO.GO(RT)NO.1617/10/H&FWD DATED 16-04-2010. EXHIBIT P14 THE TRUE COPY OF ORDER NO.GO(MS)NO.114/11/H&FWD DATED 21-02-2011. EXHIBIT P15 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)29520 OF 2012(I). EXHIBIT P16 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)30356 OF 2012(I). EXHIBIT P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.1.** - **EXHIBIT P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.2.** ## **WP(C).No. 22176 of 2018 (V) --------------------------** **EXHIBIT P19 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.3. EXHIBIT P20 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.4. EXHIBIT P21 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.5. EXHIBIT P22 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.6. EXHIBIT P23 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.7. EXHIBIT P24 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.8. EXHIBIT P25 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.9. EXHIBIT P26 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.10. EXHIBIT P27 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.11. EXHIBIT P28 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.12. EXHIBIT P29 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.13. EXHIBIT P30 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.14. EXHIBIT P31 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.15. EXHIBIT P32 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.16. EXHIBIT P33 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.17. EXHIBIT P34 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.18. EXHIBIT P35 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.19. EXHIBIT P36 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.20. EXHIBIT P37 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.21. EXHIBIT P38 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.22.** ## **WP(C).No. 22176 of 2018 (V) --------------------------** |**EXHIBIT P39 TRUE COPY OF THE APPLICATION SUBMITTED BY THE**|| |---|---| |**PETITIONER NO.23.**|| |**EXHIBIT P40 TRUE COPY OF THE APPLICATION SUBMITTED BY THE**|| |**PETITIONER NO.24.**|| |**EXHIBIT P41 TRUE COPY OF THE APPLICATION SUBMITTED BY THE**|| |**PETITIONER NO.25.**|| |**EXHIBIT P42 TRUE COPY OF THE APPLICATION SUBMITTED BY THE**|| |**PETITIONER NO.26.**|| |**EXHIBIT P43 TRUE COPY OF THE APPLICATION SUBMITTED BY THE**|| |**PETITIONER NO.27.**|| |**EXHIBIT P44 THE TRUE COPY OF TRAVANCORE-COCHIN COUNCIL OF**|| |**HOMEOPATHIC MEDICINE LETTER DATED 28-06-2017.**|| |**RESPONDENTS' EXHIBITS:**<br>**NIL**|| |**---------------------**|| ||**/TRUE COPY/**| ||**P.S.TO JUDGE**| **mbr/ 26.07.2018.** ## **ANU SIVARAMAN, J.** **-------------------------------W.P.(C) Nos. 22176 & 23116 of 2018 --------------------------------Dated this the 17[th] day of July, 2018** ## **J U D G M E N T** **------------------** Petitioners have approached this Court seeking a direction to the 2[nd] respondent to grant exemption from registration and allow the petitioners to practice without interruption. 2. Heard learned counsel for the petitioners and the learned Government Pleader as well as the learned Standing Counsel appearing for the 2[nd] respondent. 3. It is submitted by the learned counsel for the petitioners that the applications preferred by the petitioners for exemption from registration to practice Homeopathy are pending consideration before the 1[st] respondent. It is contended that the applications are liable to be considered in accordance with law. 4. The learned Government Pleader as well as the learned counsel appearing for the 2[nd] respondents would contend that the issue of necessity for registration stands W.P.(C).No. 22176 & 23116 of 2018 2 concluded by a decision of the Apex Court which is reported in _**Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and Others** [2018(3) KHC 185]_ . It is further contended that the contention that the Travancore Cochin Medical Practitioners Act, 1953 have no application to the petitioners cannot be accepted in view of the fact that the Indian Medicine Central Council Act governs the issue and registration is necessary for practice. 5. However, in view of the fact that the petitioners have approached the 1[st] respondent with applications for exemption, I am of the opinion that the applications can be directed to be considered and disposed of in accordance with law. There will be a direction to the respondents to take up, consider and pass orders on the applications preferred by the petitioners for exemption, within a period of three months from the date of receipt of a copy of the judgment. Petitioners shall produce a copy of the writ petition along with a copy of this judgment before the 1[st] respondent for compliance. The writ petitions are ordered accordingly. _Sd/-_ **ANU SIVARAMAN JUDGE** rmm