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2025 DAILYLAW 86515 (KAR)

DR. PONNAPPA C M v. THE STATE OF KARNATAKA

WP/35914/2025 · 2025-12-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51099 WP No. 35914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35914 OF 2025 (GM-RES) BETWEEN: DR. PONNAPPA C M S/O. MUTHE GOWDA AGED ABOUT 59 YEARS, "SURABHI CLINIC", HARISHCHANDRA GHAT ROAD, MYSORE - 570 019. …PETITIONER (BY SRI. N.R. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT, MYSORE DISTRICT - 570 001. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, MYSORE DISTRICT - 570 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51099 WP No. 35914 of 2025 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, MYSORE DISTRICT - 570 001. 5. THE TALUK HEALTH OFFICER, MYSORE TALUK, MYSORE DISTRICT - 570 001. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER ISSUED BY THE R-5 IN NO. THAAAA/MY/703/2024-25 DTD. 17.01.2025 WHICH PRODUCED AT ANNX-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA is directed to accept notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: a) To set aside the letter issued by the 5th respondent in No.vÁDC/ªÉÄÊ/703/2024-25 dated 17.01.2025 which produced at Annexure-G. b) To issue writ of mandamus directing the respondents 2 to 5 authorities shall not disturb the practice of the petitioner in Homeopathy and Alternative System of Medicine; - 3 - HC-KAR NC: 2025:KHC:51099 WP No. 35914 of 2025 c) To call for records and grant such other relief/s deems fit by this Hon'ble Court. 2. The grievance of the petitioner is that the respondents have called upon the petitioner to stop practicing in the field of Homeopathy and levied penalty of ₹ 1,00,000 (Rupees One Lakh only) for having indulged in such practice without registration under The Karnataka Private Medical Establishment Act, 2007 (the KPME Act, for short). 3. A perusal of the petition indicates that the petitioner is a BA graduate who has joined a course called Karnataka Electro Homeopathy Research and Development and has been carrying on his profession as a doctor of alternate therapy and in that background the proceedings have been initiated against the petitioner. 4. Though learned counsel for the petitioner submitted that an application had been filed by the petitioner for registration of the KPME Act. His submission is that the said application has not been considered and no registration certificate has been issued. If no such - 4 - HC-KAR NC: 2025:KHC:51099 WP No. 35914 of 2025 registration certificate is issued the petitioner could not have on account of the so called delay or otherwise of the consideration of the application continued to practice without the permission having been granted. More so, when the petitioner is not even a doctor. But is only a BA graduate. In that view of the matter, I do not find any infirmity in the order passed. But however, considering the request made by the counsel for the petitioner, that the petitioner resides in a rural area the penalty of ₹ 1,00,000 (Rupees One Lakh only) is on the higher side, the said penalty is reduced to a sum of ₹ 50,000 (Rupees Fifty Thousand only). The rest of the terms in the order dated 17.01.2025 remain unaltered. Accordingly, the petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE YKL List No.: 1 Sl No.: 20