IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.3338 OF 2019 (GM-RES) BETWEEN:
D. THIRUPATHAIAH S/O VENKATAIAH AGED 54 YEARS RESIDING AT 6TH CROSS PALASANDRA LAYOUT BANGARPET TALUK KOLAR DISTRICT-563101.
... PETITIONER (BY SRI SHAIJU KUMAR, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BENGALURU-560 001.
2. THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRATION COMMITTEE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT KOLAR DISTRICT KOLAR-561301.
3. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-561301.
4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER KOLAR DISTRICT KOLAR-561301.
5. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER KOLAR DISTRICT-561301.
(BY SRI Y D HARSHA, AGA.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO OPEN LEGALLY THE SEALED LOCK OF MANJU CLINIC AT CHIKKANAHALLI GATE, THOTLY POST, KOLAR TALUK, KOLAR AND PERMIT THE PETITIONER TO PRACTICE WITHOUT ANY INTERFERENCE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Shaiju Kumar, learned Counsel for the petitioner.
Mr.Y.D.Harsha, learned AGA for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner inter alia seeks a writ of mandamus directing respondent No.4 to open legally the sealed lock of Manu Clinic at Chitnahalli Gate, Thotly Post, Kolar Taluk, Kolar and permit the petitioner to practice without any interference and also to consider him for suitable registration under the Karnataka Private Medical Establishment Act, 2007 as per the latest amendments and regularize his profession as a doctor of Yoga and naturopathy and Paramedical for running the clinic in the said locality.
3. When the matter was taken up, learned counsel for the petitioner submitted that the petitioner is a Medical Practitioner in the field of Para medicine and Naturopathy and Yoga medicine. It is also submitted that the petitioner may be permitted to make an application to respondent No.4 seeking to open the clinic legally run by him. It is further submitted that the writ petition be disposed of with a direction to respondent No.4, namely, the District Health and Family Welfare Officer, Kolar District, Kolar to consider the representation to open the sealed lock of Manu clinic legally run by the petitioner.
4. On the other hand, learned Additional Government Advocate submits that in case, such a representation is submitted by the petitioner, suitable orders shall be passed in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to respondent No.4 to decide such representation, submitted by the petitioner by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE mpk/-* ct:bms