M.Selvakumar vs The Secretary
2023 Latest Caselaw 9877 Mad

Citation : 2023 Latest Caselaw 9877 Mad
Judgement Date : 8 August, 2023

Madras High Court

M.Selvakumar vs The Secretary on 8 August, 2023

                                                                     W.P(MD) No.11092of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED :08.08.2023

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE P.DHANABAL

                                           W.P(MD)No.11092of 2021
                                                    and
                                          W.M.P(MD) No.8701 of 2021


                     M.Selvakumar                                        ... 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,
                        Theni District, Theni

                     4. The Deputy Superintendent of Police,
                        Theni, Theni District

                     5. The Inspector of Police
                        Annanji Police Station
                        Vadaputhupatti, Theni 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 with the petitioners right
                     to practice and prescribe alternative medicines strictly in conformity

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                                                                               W.P(MD) No.11092of 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

wiht 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 Additional Public Prosecutor appearing for the

respondents represented that the petitioner is not residing in the

aforesaid address and he has also produced the Village Administrative

Officer certificate. Further the respondent would contend that they

https://www.mhc.tn.gov.in/judis W.P(MD) No.11092of 2021

never interfered with the practice of the petitioner and no complaint

was made as against this petitioner and no coercive steps are taken as

against this petitioner.

3. The learned counsel appearing for the petitioner contended

that the petitioner is not residing in the address but he is running the

clinic in the above said address and the respondent police are

interfering with the practice of the petitioner and already this Court

has passed order in the similar writ petition and he has also

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 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.

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4.On careful reading of the judgment it reveals that already this

Court passed order directing the respondent to permit the petitioner

to practice in the respective fields alone. So long as the petitioner

practicing in their respective fields the respondents are restrained

from initiating any action against them.

5. Recording the aforesaid representation and also considering

the fact that no complaint was received by the respondent police and

they have not taken any coercive action as against the petitioner, the

Writ Petition stands closed. No costs. Consequently connected

miscellaneous petition is closed.

08.08.2023 Index : Yes/No Internet : Yes/No aav