The court dismissed the writ petition filed by the Bharatheeya Ayurveda Parambarya Vaidya Federation seeking a declaration that the Kerala Ayurveda Health Centries Act, 2007 is not applicable to Parambarya Vaidyas, noting the lack of bona fides.
Writ Petition dismissed as not bona fide.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 11TH DAY OF NOVEMBER 2016/20TH KARTHIKA, 1938
WP(C).No. 11992 of 2009 (T)
PETITIONER(S):
BHARATHEEYA AYURVEDA PARAMBARYA VAIDYA FEDERATION, THRISSUR, REG.NO.202/97, REPRESENTED BY ITS PRESIDENT VAIDYAN E.J.POULOSE, ELUVATHINGAL, KURICHIKKARA, PONGANAMKADU, THRISSUR.
BY ADV. SRI.D.ANIL KUMAR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM.
2. COUNCIL OF INDIGENOUS MEDICINE, REPRESENTED BY REGISTRAR, OFFICE OF MEDICAL COUNCILS, RED CROSS ROAD, THIRUVANANTHAPURAM.
3. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.
4. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM.
5. SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.N.RAGHURAJ, SC R1,3-5 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 11992 of 2009 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE COPY OF JUDGMENT IN OP.10827/97 DTD.8/1/2003
EXHIBIT-P2: TRUE COPY OF THE ACT 28/2007.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.V.ASHA, J.
W.P(C) No.11992 of 2009-T
Dated this the 11th day of November, 2016
JUDGMENT
The petitioner is an association of Parambarya Vaidyas. The prayer in the Writ Petition is to declare that Ext.P2 Act, i.e. Kerala Ayurveda Health Centres (Granting of Certificate and Regulation)Act, 2007) is not applicable to the Parambarya Vaidyas. In this Writ Petition it is not stated how the Parambarya Vaidyas are able to conduct any Ayurveda Health Centre as long as they are not entitled to practise medicines or to run any Ayurveda Health Centre.
Under the above circumstances, I do not find any bona
2
W.P(C) No.11992 of 2009-T
fides in this Writ Petition, which appears to have been filed only as an experimental measure.
Hence the Writ Petition is dismissed.
(P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether the Kerala Ayurveda Health Centres Act, 2007 is applicable to Parambarya Vaidyas.
Whether the petitioner has a bona fide case to declare the Act not applicable to them.
1 provisions across 1 enactments
Bharatheeya Ayurveda Parambarya Vaidya Federation
State of Kerala
Council of Indigenous Medicine
Director General of Police
Excise Commissioner
Secretary to Government of Kerala
P. V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
