PRAYER in W.P.(MD) No.1008 of 2017: This Writ Appeal is filed under Clause 15 of Letters Patent Act, against the common order of his Lordship Mr.Justice A.Selvam, pronounced on 14.12.2016 in W.P.(MD)No.10030 of 2007.
PRAYER in W.P.(MD) No.1009 of 2017: This Writ Appeal is filed under Clause 15 of Letters Patent Act, against the common order in his Lordship Mr. Justice A.Selvam, pronounced on 14.12.2016 in W.P.(MD)No.5944 of 2008.
[Judgment of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the appellant, on instructions, submitted that the appellant is prepared to face the enquiry. The appellant wanted only a clarification, in view of the direction given by the learned single Judge to take action. According to the learned senior counsel, the appellant is aggrieved only on account of the observation made by the learned single Judge that the authority can take into account the allegations and thereafter take appropriate action against the persons concerned.
2.We have also heard the learned senior counsel for the first respondent.
3.The substantial prayer in the present appeals is only to clarify the common order passed by the learned single Judge. The learned single Judge directed the Tamil Nadu Medical Council to take a decision in the matter and thereafter take appropriate action against the concerned.
4.We make it clear that the direction to take appropriate action against the persons concerned should not be construed to be an expression of opinion on the merits of the matter. In short, it is for the Tamil Nadu Medical Council to take a decision on merits. It is needless to point out that opportunity of hearing should be given to both the parties, by the council before taking a decision one way or the other.
5.The writ appeals are disposed of with the above clarification. No costs. Consequently, connected miscellaneous petitions are closed. .