Madras High Court
R.Devaraj vs The State Of Tamil Nadu on 6 April, 2022
W.A.No.905 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.4.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.905 of 2022 &
CMP.No.5999 of 2022
R.Devaraj .. Appellant
Vs.
1. The State of Tamil Nadu
Rep. by its Secretary to Government
Home Department
Fort St. George
Chennai – 600 009.
2. The State of Tamil Nadu
Rep. by its Commissioner and
Secretary to Government
Health and Family Welfare Department
Fort St. George
Chennai – 600 009.
3. The Director General of Police
Kamarajar Road
Chepauk
Chennai- 600 005.
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W.A.No.905 of 2022
4. The Registrar
Tamil Nadu Board of Indian Medicine
Arignar Anna Government Hospital of
Indian Medicine Campus
Arumbakkam, Chennai – 600 106.
5. The Sub-Inspector of Police
Appakudal Police Station
Kavunthapadi Road
Appakudal, Bhavani Taluk
Erode District. .. Respondents
Prayer: APPEAL under Clause 15 of the Letters Patent against the
order dated 27.1.2022 in W.P.No.39413 of 2015.
For Appellant : Mr.Ashokkumar.D
For the Respondents : Mr.P.Muthukumar,
State Government Pleader
For Respondents 1 to 5
JUDGMENT
(Judgment was delivered by
the Hon'ble Chief Justice)
We have heard the learned counsel appearing on either side.
2. By this writ appeal, a challenge has been made to the order
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W.A.No.905 of 2022
dated 27.1.2022 passed by the learned Single Judge in W.P.No.
39413 of 2015.
3. The writ petition was filed seeking a direction to forbear the
3rd respondent herein from initiating any police action by labelling the
appellant as unqualified, as he is a Registered Indian Medical
Practitioner and to ensure the safety of his profession in the field of
Indian System of Medicine in Ayurvedha.
4. The learned Single Judge considered the issue with
reference to the claim made by the appellant and taking note of the
allegations made against him, the writ petition was dismissed by the
order under challenge.
5. The learned counsel for the appellant submits that a first
information report was lodged alleging that a fraudulent document
was produced by the appellant to practice in the field of medicine.
In the investigation, nothing was forthcoming against the appellant.
The learned Single Judge ought to have sent the matter for enquiry
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W.A.No.905 of 2022
if any such allegation was made by the respondents against the
appellant. However, instead of doing that, the writ petition came to
be dismissed debarring the appellant from pracitising in the Indian
System of Medicine in Ayurvedha, ignoring the fact that the
appellant has been practicing for more than 30 years and the
practice should not go waste in the manner it has been taken away
by the respondents. A prayer is made by the learned counsel for the
appellant to set aside the order passed by the learned Single Judge.
6. We have carefully considered the submissions made by the
learned counsel for the appellant and perused the records.
7. The writ petition was filed apprehending an action by the
third respondent herein alleging that the appellant is unqualified to
practice in the field of Indian System of Medicine in Ayurvedha. A
first information report was lodged with regard to the certificate
produced by the appellant. It would show that it was not registered
with the Tamil Nadu Board of Indian Medicine. The issue is pending
consideration and otherwise a writ petition could not have been
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W.A.No.905 of 2022
maintained to forbear the third respondent from initiating action
despite registration of the first information report.
8. The facts further reveal, as per the counter filed by the
fourth respondent in the writ petition and accepted by the learned
Single Judge, that the registration certificate produced by the
appellant was found to be forged and therefore, the appellant was
not entitled to practice because a person, who is not possessing the
required qualification, cannot be allowed to administer medicine to
patients, as it would have serious repercussions.
9. The factual issue as to whether the certificate was bogus or
not could not have been examined by the Writ Court. In any case,
the prayer in the writ petition cannot be granted pending first
information report for investigation. The appellant is entitled to avail
the remedy as provided under the Criminal Procedure Code for
proper investigation into the matter. There is nothing on record to
show that the third respondent herein or any of the respondents
issued an order restraining the appellant from practicing. However,
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W.A.No.905 of 2022
the facts, as taken into consideration by the learned Single Judge,
show that the appellant cannot be allowed to practice till the
conclusion of the first information report. The learned Single Judge
otherwise found that the Police Authorities are entitled to initiate
action as permissible under law with reference to the allegation of
production of bogus certificate and against persons, who are
practicing without holding valid qualification and registration
certificate.
10. Finding no error in the order passed by the learned Single
Judge, the writ appeal is dismissed. Consequently, the connected
CMP is also dismissed. There will be no order as to costs.
(M.N.B., CJ.) (D.B.C.J.)
06.4.2022
Index : Yes/No
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W.A.No.905 of 2022
To:
1. The Secretary to Government
Home Department, Fort St. George
Chennai – 600 009.
2. The Commissioner and
Secretary to Government
Health and Family Welfare Department
Fort St. George
Chennai – 600 009.
3. The Director General of Police
Kamarajar Road
Chepauk
Chennai- 600 005.
4. The Registrar
Tamil Nadu Board of Indian Medicine
Arignar Anna Government Hospital of
Indian Medicine Campus
Arumbakkam, Chennai – 600 106.
5. The Sub-Inspector of Police
Appakudal Police Station
Kavunthapadi Road
Appakudal, Bhavani Taluk
Erode District.
RS
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W.A.No.905 of 2022
M.N.BHANDARI, CJ
AND
D.BHARATHA CHAKRAVARTHY,J
RS
W.A.No.905 of 2022 &
CMP.No.5999 of 2022
06.4.2022
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