The Malabar Area Traditional ... vs State Of Kerala And Others
2021 Latest Caselaw 18392 Ker

WP(C) NO. 1227 OF 2009               1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          WP(C) NO. 1227 OF 2009
PETITIONER/S:

      1        THE MALABAR AREA TRADITIONAL AYURVEDHIC
               MEDICAL PRACTITIONERS ASSOCIATION (REGD. WITH, NO.
               918 OF 2005) P.O. MAVOOR, KOZHIKODE, DISTRICT,
               REPRESENTED BY ITS SECRETARY, K.V. MADHAVA VARIER.

      2        K.V. MADHAVA VARRIER
               MADAVA BHAVAN, KALLERI,, P.O. PERUVAYAL,, KOZHIKODE
               DISTRICT.

      3        E. LOHITHAKSHAN VYDYAR
               KANAKALAYAM,, P.O. IRINGOL,, KOZHIKODE DISTRICT.

      4        K. SASIDHARA KURUP
               PERUVANIYAM VEETIL,, P.O. ULLERI,, KOZHIKODE
               DISTRICT.

      5        K. SREEDHARA KURUP
               PERUVANIYAM VEETIL,, P.O. ULLERI,, KOZHIKODE
               DISTRICT.

      6        T.P. BHASKARAN VYDYAR
               MARALEKAM POIL HOUSE,, KORAPPAMBA,, KOZHIKODE
               DISTRICT.

      7        K.P. ANIL KUMAR VYDIAR
               KOLLAMPADIKKAL HOUSE,, KUNNUMMAL VILLAGE,, P.O.
               KAKKATTIL,, KOZHIKODE.

               BY ADVS.
               SRI.C.VALSALAN
               SRI.K.RAKESH ROSHAN
               SMT.THUSHARA.V
 WP(C) NO. 1227 OF 2009            2



RESPONDENT/S:

      1        STATE OF KERALA AND OTHERS
               PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND, FAMILY
               WELFARE (G) DEPARTMENT,, SECRETARIAT,
               THIRUVANANTHAPURAM.

      2        THE EXCISE COMMISSIONER
               THIRUVANANTHAPURAM.

      3        THE CITY POLICE COMMISSIONER
               CALICUT CITY,, KOZHIKODE.

      4        THE SUPERINTENDENT OF POLICE RURAL
               KOZHIKODE DISTRICT,, POST PUDUPPANAM,, VATAKARA,
               KOZHIKODE DISTRICT.

               BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

               SMT.RASHMI.K.M, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1227 OF 2009              3




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                      W.P.(C.) No.1227 of 2009
                    --------------------------------------
             Dated this the 7th day of September, 2021


                               JUDGMENT

The above writ petition is filed with following prayers :

"i) a writ of certiorari and quash the original of Exhibit P- 10.

ii) a writ of mandamus and direct the 1st respondents to consider the representations submitted by petitioners 2 to 7 afresh for getting exemption from prescribed educational qualification to practice Ayurvedha under sec. 38 of the T.C.M.P. Act in accordance with law after hearing the petitioners.

iii) Direct the 2nd respondent to issue or renew L-3 license to the petitioners 2 to 7 to prepare Ayurvedic medicines.

iv) Direct the respondents 3 and 4 not harass the petitioners so as to interfere with their practice in Ayurveda.

v) direct the 1st respondent to consider and disposed of Exbt. P-11 in accordance with law after hearing the petitioner.

vi) issue such other writ or directions which this honorouble court deems fit to the circumstances of the case."

2. Ext.P10 order is impugned in this writ petition. This

writ petition came up for consideration on 13.1.2009 and the

writ petition was admitted and notice issued. Thereafter, there

is no posting. At this distance of time, I think no orders can be

passed in this writ petition. If there is any surviving grievance,

the petitioner is free to approach the 1 st respondent with a

representation. If such a representation is received, the 1st

respondent will consider the same and pass appropriate orders,

in accordance to law.

With the above observation, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE 1ST

PETITIONER BY THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE.

EXT.P2 TRUE COPY OF THE L3 LICENCE OF THE 4TH PETITIONER

EXT.P3 TRUE COPY OF THE LETTER DATED 23.9.1977 OFTHE BOARD OF REVENUE

(EXCISE)

EXT.P4 TRUE COPY OF THE CIRCULAR DATED 16.6.2000

EXT.P5 TRUE COPY OF THE CIRCULAR DATED 3.3.2005

EXT.P6 TRUE COPY OF THE LETTER DATED 25.11.1998 BY THE 2ND RESPONDENT

EXT.P7 TRUE COPY OF THE INTERIMORDER DATED 11.1.2000 IN CMP

NO.1705/2000 IN OP NO.1110/2000

EXT.P8 TRUE COPY OF THE JUDGMENT DATED 17.6.1997 IN OP NO. 1118/1991

EXT.P9 TRUE COPY OF THE JUDGMENT IN WPC NO. 6356/2006

EXT.P10 TRUE COPY OF THE ORDER DATED 7.10.2008 OF 1ST RESPONDENT

EXT.P11 TRUE COPY OF THE REVISION PETITION DATED 17.12.2008

EXT.P12 TRUE COPY OF THE JUDGMENT DATED 23.6.2005 IN OP NO.2875/2003

EXT.P13 TRUE COPY OF THE JUDGMENT DATED 9.3.2006 IN WA NO. 806/1998