Madras High Court
R.Balakrishnan vs The Secretary on 3 August, 2023
W.P(MD) No.11081of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.08.2023
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD)No.11081of 2021
and
W.M.P(MD) No.8693 of 2021
R.Balakrishnan ... Petitioner
-Vs-
1. The Secretary
Family and Health Department
Race Course Road, Little Mount
Guindy, Chennai- 600 032.
2. The Director General of Police
Kamarajar Salai,
Mylapore, Chennai- 600 004.
3. The Superintendent of Police,
Dindigul District
4. The Deputy Superintendent of Police,
Dindigul District
5. The Inspector of Police
Viruveedu Police Station
Dindigul District ... Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution
of India, praying for the issuance of a Writ of Mandamus forbearing
the respondents from in any way interfering wiht the petitioners right
to practice and prescribe alternative medicines strictly in conformity
1/6
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W.P(MD) No.11081of 2021
with the Certificate of Community Medical Services and alternative
medicines to carryon lawful occupation under Article 19 (I)(g) of the
Constitution of India by considering our representation dated
24-06-2021, in view of the law declared in Dr.Mukhtiar Chand case
(1998 (7) SCC 579)
For Petitioner : Mr. K.Rajendra Prasad
For Respondents : Mr. R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus forbearing the respondents from in any way interfering
with the petitioners right to practice and prescribe alternative
medicines strictly in conformity with the Certificate of Community
Medical Services and alternative medicines to carryon lawful
occupation under Article 19 (I)(g) of the Constitution of India by
considering our representation dated 24-06-2021, in view of the law
declared in Dr.Mukhtiar Chand case (1998 (7) SCC 579).
2. The learned counsel appearing for the petitioner would
contend that the petitioner herein is a practitioner of alternative
medicine like Ayurveda, Unani etc and have undergone Community
Medical Service Certificate (CMS) Course and successfully completed
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W.P(MD) No.11081of 2021
the course and obtained Diploma in CMS. The respondents are
interfering with the petitioner's practice and harassing under the
guise of enquiry without any complaints.
3. The learned Additional Public Prosecutor appearing for the
respondents represented that no any representation received from the
petitioner. Further the respondent police have not received any
complaint against the petitioner and not threatened the petitioner
and no any action was taken to arrest the petitioner.
4. The petitioner contention is that practitioner of alternative
medicine like Ayurveda, Unani etc and have undergone Community
Medical Service Certificate (CMS) Course and successfully completed
the course and obtained Diploma in CMS. Whileso, the respondents
are harassing him under the guise of enquiry without any complaint.
But the respondent police denied the allegations of harassment and
enquiry. Further the learned counsel appearing The learned counsel
appearing for the petitioner produced copy of the judgment passed
by this Court in W.P.Nos.10920 and 10921 of 2017, wherein this Court
has held that :
4. In the light of the said assurance given in the
affidavit filed in support of the writ petitions, both the
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W.P(MD) No.11081of 2021
writ petitions are disposed of, directing the respondents
to permit the petitioners to practice in their respective
field alone. So long as the petitioners are practicing in
their respective mode of medicine, the respondents and
their police officials are restrained from initiating any
action against them. However, it is open to the
respondents or their officials to verify and find out
whether the petitioners are practicing in other fields, viz.,
Ayurveda, Siddha, Unani, Allopathy etc., and if the
petitioners are practicing in such fields, it is open to the
police officials to initiate action against such of the
petitioners in accordance with law. No costs.
Consequently, connected miscellaneous petitions are
closed.
5. In this case the respondent police have not taken any steps to
arrest the petitioner and no any complaint received as against the
petitioner.
6. The submission made by the learned Additional Public
Prosecutor that they have not taken any steps to arrest the petitioner
is recorded. Since the police have not taken any steps to arrest the
petitioner, no further order is required to be passed in this case.
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W.P(MD) No.11081of 2021
7. With the said observation, this petition stands disposed of.
No costs. Consequently connected miscellaneous petition is closed.
03.08.2023
Index : Yes/No
Internet : Yes/No
aav
To
1. The Secretary
Family and Health Department
Race Course Road, Little Mount
Guindy, Chennai- 600 032.
2. The Director General of Police
Kamarajar Salai,
Mylapore, Chennai- 600 004.
3. The Superintendent of Police,
Dindigul District
4. The Deputy Superintendent of Police,
Dindigul District
5. The Inspector of Police
Viruveedu Police Station
Dindigul District
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD) No.11081of 2021
P.DHANABAL, J.
aav
W.P(MD)No.11081of 2021
03.08.2023
https://www.mhc.tn.gov.in/judis
