IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.1706 of 2017 V.Kamaraj ... Petitioner Vs.
1 The State of Tamil Nadu Rep by Secretary to Government Home Department Fort St. George Chennai - 600009.
2 The State of Tamil Nadu Through the Commissioner & Secretary to Government Health & Family Welfare Department Fort St. George Chennai-600009
3 The Director General of Police Kamarajar Road Mylapore Chennai-600009.
4 The Registrar Tamil Nadu Siddha Medical Council Arignar Anna Government Hospital of Indian Medicine Campus Arumbakkam Chennai-600009
5 The Inspector of Police Kaveripattinam Police Station Krishnagiri District ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus forbearing the Director General of Police, Kamarajar Road, Mylapore, Chennai- 600 004, namely the third respondent herein from initiating any police action by labelling petitioner as unqualified as I am a registered Indian Medical Practitioner and thus ensure the safety of petitioner profession in the field of Indian System of Medicine in Siddha run in the name and Style of Ambika Siddhaalaya Kaveri Pattinam, Krishnagiri District - 635 206.
For Petitioner : Mr.C.D.Johnson For Respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, forbearing the third respondent herein from initiating any police action by labelling him as unqualified as he is a registered Indian Medical Practitioner and thus ensure the safety of petitioner's profession in the field of Indian System of Medicine in Siddha run in the name and Style of Ambika Siddhaalaya Kaveri Pattinam, Krishnagiri District - 635 206.
3. It is the case of the petitioner that he is a registered Indian Medical Practitioner in the field of Siddha and as such, he is entitled to practice in the field of Indian System of Medicine. In fact, the practice in the Allopathy is ruled out and hence, the petitioner cannot practice Allopathy because he is not a qualified degree holder in Allopathy. Further, the petitioner has no inclination whatsoever to practice Allopathy. 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 his field, viz., Ayurvedha. Hence, the petition.
4. Learned counsel appearing for the petitioner specifically submitted that the petitioner cannot practice allopathy and he has no inclination whatsoever to practice in allopathic medicine.
5. I have also heard the learned Additional Public Prosecutor appearing for the respondents.
6. Recording the said submission made by the learned counsel appearing for the petitioner, the present writ petition is disposed of, directing the respondents to permit the petitioner to practice in his field, viz, Ayurvedhic medicine alone. So long as the petitioner's practice in the mode of medicine, viz., Ayurvedha, the third respondent and the police officials are restrained from initiating any action against him. However, it is open to the third respondent or his officials to verify and find out whether the petitioner is practicing in other field, viz., allopathy and if the petitioner is practicing in allopathic field, it is open to the police officials to initiate action against the petitioner in accordance with law. No costs.
24.01.2017 Index:Yes/No sbi To
1 The Secretary to Government Home Department Fort St. George Chennai - 600009.
2 The State of Tamil Nadu Through the Commissioner & Secretary to Government Health & Family Welfare Department Fort St. George Chennai-600009
3 The Director General of Police Kamarajar Road Mylapore Chennai-600009.
4 The Registrar Tamil Nadu Siddha Medical Council Arignar Anna Government Hospital of Indian Medicine Campus Arumbakkam Chennai-600009
5 The Inspector of Police Kaveripattinam Police Station Krishnagiri District R.MAHADEVAN, J sbi W.P.No.1706 of 2017 DATED: 24.1.2017 http://www.judis.nic.in