Citation : 2021 Latest Caselaw 17676 Ker
Judgement Date : 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 27391 OF 2010
PETITIONER:
K.A.ALIKUNJU
'KAROTHKUDI HOUSE', NEAR SOPHIA COLLEGE,,
PERUMBAVOOR POST,ERNAKULAM 683 542.
BY ADVS.
SRI.GOVIND K.BHARATHAN (SR.)
SRI.C.P.KUNJHIKANNAN
SRI.S.K.MADHU
RESPONDENTS:
1 THE COMMISSIONER OF POLICE, ERNAKULAM - 31
2 THE CIRCLE INSPECTOR OF POLICE
PERUMBAVOOR POLICE STATION,ERNAKULAM-683 542.
3 THE SUB INSPECTOR OF POLICE
PERUMBAVOOR POLICE STATION,ERNAKULAM 683 542.
ADDL.R4 STATE OF KERALA, REPRESENTED BY THE CHIEF
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM
ADDL.R4 IS IMPLEADED AS PER ORDER IN IA 12259/10
DT.6.9.10
BY ADV.RASHMI K.M., GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.27391/2010
2
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.27391 of 2010
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Dated this the 27th day of August, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. declare that the petitioner is entitled to practice in pursuance of the Vaidya Visharad Certificate issued to him by the State Council of Ayurveda & Unani Medicines, Bihar and the respondents have no manner of right to interfere with his practice of his discipline
ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refrain from interfering in any manner with the petitioner's practice of his discipline of Ashtanga Ayurveda on the basis of Exts. P 1 and P-2.
iii. grant the petitioner his costs.
iv. issue such other writ, order or direction as this Honourable Court deems fit and proper in the circumstance of the case.
W.P.(C).No.27391/2010
2. Today, when this writ petition came up for
consideration, the Government Pleader submitted that an
Ordinance dated 24.02.2021 is passed to unify the existing
enactments to regulate the qualification and to provide for the
registration of practitioners of Modern Medicine, Indian
Systems of Medicine and Homoeopathic Medicine in the State
of Kerala, and if the petitioner is aggrieved by the same, he
can do the needful in accordance to law. It is also submitted
that the above ordinance is challenged before this Court by
some aggrieved persons by filing a writ petition.
This writ petition is pending before this Court for the last
11 years. There is no interim order passed in this case. In the
light of the above submission of the Government Pleader, this
writ petition is closed, giving liberty to the petitioner to do the
needful in accordance to law, if he is aggrieved by any of the
clauses in the ordinance or if there is any other surviving
grievances.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.27391/2010
APPENDIX OF WP(C) 27391/2010
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED NIL
TRANSLATION
EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
15.3.2006 IN W.A.NO.2336/05
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED
19.5.2004 ISSUED BY THE CENTRAL
COUNCIL OF INDIAN MEDICINE
INSTITUTIONAL AREA, JANAKAPURI, NEW DELHI EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 17.12.2008 IN WPC NO.19484/2008
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