Hamsa M.M v. District Superintendent Of Police,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 8709 of 2015 (K) --------------------------- PETITIONER -------------------------- HAMSA M.M S/O. MAIDEEN, MANALIKKUDY, ADIMALI P.O.

DEVIKULAM, MANNANKANDAM, IDUKKI DISTRICT.

BY ADV. SRI.M.VIJAYAKUMAR RESPONDENT(S):

----------------------------

1. DISTRICT SUPERINTENDENT OF POLICE, IDUKKI-685 603.

2. SUB INSPECTOR OF POLICE ADIMALI-685 561.

3. CIRCLE INSPECTOR OF POLICE ADIMALI-685 561.

4. DEPUTY SUPERINTENDENT OF POLICE MUNNAR-685 612.

R BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8709 of 2015 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 : COPY OF THE JUDGMENT IN WA 804/1998 DTD.9.3.2006. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM

P.R. RAMACHANDRA MENON,J ................................................. . .............................................. Dated this the 1st day of April, 2015.

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the respondents not to stop Homeopathy practice of the petitioner.

ii) Issue a writ or mandamus or any other appropriate writ order or direction directing or compelling the respondents to allow the petitioner to continue Homeopathy practice of the petitioner."

2. The learned Counsel appearing for the petitioner submits that because of the course and action pursued by the respondents, much adverse consequence has been caused to the petitioner and he is not in a position to practise as a homeopath in accordance with law. The learned Government Pleader submits on instructions that the version of the petitioner is thoroughly wrong and misconceived and that there is absolutely no merit or cause

of action so as to approach this Court by filing the writ petition. It is stated that no steps are being pursued by the respondents to intercept the right of the petitioner to practise as a homeopath but for the fact that some action was taken with regard to some other incidents, whereby some other homeopath practising in the locality was proceeded against. The said party had approached this Court by filing a writ petition which has been disposed of, based on the submission made from the part of the respondents.

3. The petitioner also apprehends some adverse action, which made the petitioner to approach this Court by filing the present writ petition. The relief sought for is either premature or anticipatory and without any basis. In view of the submission made by the Government Pleader appearing for the respondents, this Court does not find it necessary to entertain this writ petition now. The writ petition stands disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE smm