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High Court of KeralaWP(C)/23097/2015disposed of

Dr. Susamma George v. State Of Kerala

2015-09-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 23097 of 2015 (J) ---------------------------- PETITIONER(S):

-------------- DR. SUSAMMA GEORGE, AGED 55 YEARS, PARANKAMVILAYIL HOUSE, VELLEKULANGARA, MANAKKALA(P.O) ADOOR, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.S.S.RAJESH RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE CENTRAL COUNCIL OF HOMOEOPATHY REPRESENTED BY ITS SECRETARY, 10-COMMUNITY CENTRE BASANI LOK, VASANT VIHAR, NEW DELHI-110 057.

3. THE REGISTRAR TRAVANCORE COCHIN MEDICAL COUNCIL NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM.

4. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI.

5. DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM.

6. DISTRICT COLLECTOR OFFICE OF THE COLLECTOR, PATHANAMTHITTA.

7. DISTRICT MEDICAL OFFICER PATHANAMTHITTA.

R2 & 4 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA.

R1 AND R5 TO R7 BY GOVERNMENT PLEADER SMT.C.K.SHERIN BY SRI.N.RAGHURAJ, SC, TCMC & KNMC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23097 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1- TRUE COPY OF THE JUDGMENT IN O.P.NO.27018 OF 2001(N). P2- TRUE COPY OF THE MAHESH KUMAR VS. STATE OF KERALA JUDGMENT DATED 23.2.2009.

P3- TRUE COPY OF THE ORDER DATED 30.07.2012 IN I.A.NUMBER 10382/2012 IN W.P[C]NO.38215/2008.

P4- TRUE COPY OF THE LIST OF EXEMPTION GRANTED BY THE KERALA STATE. P5- TRUE COPY OF THE GOVERNMENT ORDER.

P6- TRUE COPY OF THE ORDER ON 29.01.2015 IN W.P[C]NO.1661 OF 2015(G). P7- APPLICATION DATED 10.2.2015 SUBMITTED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE vgs

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 23097 of 2015 ================== Dated this the 9th day of September, 2015

J U D G M E N T

The petitioner approached the first respondent for granting exemption to practice modern medicine under Section 38(i) of the Travancore Cochin Medical Practitioners Act 1953. 2.

It appears that similar direction was given by this Court in O.P No.27018 of 2001 and the petitioner had not submitted any application in spite of such direction in the above original petition. If Ext.P7 application has been received and not rejected by the authority, so far the same shall be considered after affording an opportunity to the petitioner within a period of three months from the date of receipt of the copy of this judgment. The petitioner shall also produce a copy of the writ petition along with the judgment before the first respondent.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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