This writ petition has been filed for issuance of a Writ of Mandamus forbearing the fourth respondent from initiating any police action by labelling the petitioner as unqualified as he is a Registered Indian Medical Practitioner.
2. It is the case of the petitioner that he is a registered Indian Medical Practitioner in the field of Ayurvedha and as such he has registered himself with the fourth respondent herein and his Registration Number for Ayurvedha is BA 22753 with effect from 28.03.1994 and hence he is entitled to practice in the field of Indian System of Medicine. However, the respondents are labelling the petitioner as unqualified and they are threatening legal action, thereby affecting the rights of the petitioner to do his profession in Ayurvedha. In the affidavit, it is stated that he cannot practice allopathy as he has no inclination whatsoever to practice in allopathic medicine.
3. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
4. In the light of the said assurance given in the affidavit filed in support of this writ petition, this writ petition is disposed of directing the respondents to permit the petitioner to practice in his respective field, viz. Ayurvedic medicine alone. So long as the petitioner is practising in his respective mode of medicine, ie., Ayurvedha, the third respondent and the police officials are restrained from initiating action against him. However, it is open to the third respondent or his officials to verify and find out whether the petitioner is practising in other field, ie, allopathy and if the petitioner is practising in allopathic field, it is open to the police officials to initiate action against him, in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 27.01.2017 Internet : Yes/No KM R.MAHADEVAN, J.
KM Note to the Registry: Issue order copy on 31.01.2017.
To
1. The Secretary to Government, Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.
2. The Commissioner and Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai-600 009.
3. The Director General of Police, Kamarajar Road, Mylapore, Chennai-600 004.
4. The Registrar, Tamil Nadu Board of Indian Medicine, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai-600 106.
5. The Inspector of Police, R8, Vadapalani Police Station, Vadapalani, Chennai-600 026.
6. The Public Prosecutor, Madras High Court, Chennai-600 104.
W.P.No.1565 of 2017 and W.M.P.No.1513 of 2017 27.01.2017 http://www.judis.nic.in