Disposed

Satheesan a v. State of Kerala

Kerala HC15 Nov 2022WP(C)/5559/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, invoking the Kerala Ayurveda Paramparya Vaidya Forum judgment, disposed of a writ petition questioning the practice of Ayurveda/Unani by respondents 8 and 9. The Court directed the District Medical Officer to investigate and report on their practice, instructing police to act if unregistered activity is confirmed.

What did the court decide?

Directed the District Medical Officer to inquire if respondents 8 and 9 are practicing traditional medicine and prescribe drugs. If so, inform police (respondents 4-6) to close the centers. Ensure a f

Satheesan a Vs State of Kerala — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 15^TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA,

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1944

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WP(C) NO. 5559 OF 2022

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PETITIONER/S:

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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

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 THE DIRECTOR AYUSH DEPARTMENT, INDIAN SYSTEMS OF MEDICINE, GENERAL HOSPITAL JUNCTION, NEAR HOLY ANGELS CONVENT SCHOOL, VANCHIYOOR, THIRUVANANTHAPURAM - 695035.

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3 THE DISTRICT MEDICAL OFFICER AYUSH DEPARTMENT, INDIAN SYSTEMS OF MEDICINE, ASRAMAM P.O, KOLLAM - 691002.

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4 THE CITY POLICE COMMISSIONER KOLLAM CITY, KOLLAM - 691001.

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5 THE DEPUTY SUPERINTENDENT OF POLICE

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SPECIAL BRANCH, CID, OFFICE OF THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM - 691001.

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6 THE STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, ERAVIPURAM P.O, KOLLAM - 691011.

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7 THE KOLLAM CORPORATION CORPORATION BUILDINGS, KOLLAM - 691001, REPRESENTED BY ITS SECRETARY.

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8 UDAYABHANU S/O. KRISHNAN, PUTHEN VEEDU, MULLUVILA, VADAKKEVILA P.O, KOLLAM - 691010.

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9 VIJAYAKAN

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W.P.(C) No.5559 of 2022

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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)

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OTHER PRESENT:

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GP RAJEEV JYOTHISH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5559 of 2022

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JUDGMENT

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Dated this the 15^th day of November, 2022

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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

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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.

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W.P.(C) No.5559 of 2022

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Learned Counsel for the 8^th respondent submitted that the crime was registered at the instance of a person having personal animosity towards the 8^th respondent. The 8^th 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.

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Learned Government Pleader submitted that in the light of the decision in Kerala

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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.

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Having heard the learned Counsel and

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having gone through the decision of the Supreme

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Court in Kerala Ayurveda Paramparya Vaidya Forum ,

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W.P.(C) No.5559 of 2022

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(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.

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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.

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W.P.(C) No.5559 of 2022

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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

W.P.(C) No.5559 of 2022

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APPENDIX OF WP(C) 5559/2022

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PETITIO Exhibit	NER EXHI P1	BITS 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.
RESPOND	ENT EXHI	BITS
Exhibit	R8(a)	A TRUE COPY OF THE CERTIFICATE OF MEMBERSHIP ISSUED BY THE AKHILA KERALA PARAMBARIYA VAIDHYA FEDERATION.

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W.P.(C) No.5559 of 2022

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Exhibit	R8(b) A TRUE COPY OF 20.05.2009 ISS AFTER CONDUCTI 8TH RESPONDENT	THE CERTIFICATE DATED UED BY THE TAHSILDAR NG ENQUIRY AGAINST THE .
Exhibit	R8(c) A TRUE COPY OF CORPORATION DA HEARING ON THE PETITIONER.	THE NOTICE ISSUE BY THE TED 03.10.2017 FOR COMPLAINT AGAINST THE
Exhibit	R8(d) A TRUE COPY OF 28.02.2017 ISS ENGINEER, KOLL PETITIONER REQ DEMOLITION OF STRUCTURE.	THE NOTICE DATED UED BY THE ASSISTANT AM CORPORATION TO THE UIRING FOR THE THE UNAUTHORIZED
Exhibit	R8(e) A TRUE COPY OF 30.01.2017.	THE COMPLAINT DATED
Exhibit	R8(f) A TRUE COPY OF 24.10.2018.	THE COMPLAINT DATED
Exhibit	R8(g) A TRUE COPY OF CARD.	THE ACKNOWLEDGEMENT

Satheesan a v. State of Kerala

Case brief

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Satheesan a v. State of Kerala

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