Madras High Court
The Institutionally Qualified ... vs The Secretary on 28 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19305 of 2020,
19389 of 2021, 2588 of 2021, 6140 of 2021, 2778 of 2022,
3068 of 2022, 4022 of 2022 & 4072 of 2022
and
W.M.P(MD)Nos.7693 of 2017, 16120 of 2021, 3470 of 2019,
16108 of 2020, 16109 of 2020, 2127 of 2021, 4775 of 2021,
2459 of 2022, 3479 of 2022 & 3480 of 2022
1.W.P(MD)No.10041 of 2017:
The Institutionally Qualified Homeopathic Doctor's
Welfare Association,
Represented by its General Secretary,
Dr.M.Fakhrudeen ... Petitioner
Vs
1.The Secretary,
Department of Ayush,
Ministry of Health and Welfare,
Government of India, Red Cross Building,
Red Cross Road,
New Delhi – 110 001.
2.The State of Tamil Nadu,
Represented by its Secretary to Government,
Health & Family Welfare Department,
Secretariat, Chennai – 9.
3.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
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4.The President,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
5.The Director General of Police,
O/o.The Directorate General of Police Office,
Santhome, Chennai – 4.
6.The District Collector,
O/o.The District Collectorate Office,
Ramanathapuram,
Ramanathapuram District.
7.The Superintendent of Police,
O/o.The Superintendent of Police Office,
District Collectorate Campus,
Ramanathapuram,
Ramanathapuram District.
8.The District Collector,
O/o.The District Collectorate Office,
Sivagangai,
Sivagangai District.
9.The Superintendent of Police,
O/o.The Superintendent of Police Office,
Sivagangai,
Sivagangai District.
10.The District Collector,
O/o.The District Collectorate Office,
Madurai, Madurai District.
11.The Commissioner of Police,
O/o.The Commissioner of Police, Madurai City,
Madurai District.
12.The Superintendent of Police,
O/o.The Superintendent of Police,
Madurai District.
13.The District Collector,
O/o.The District Collectorate Office,
Trichy, Trichy District.
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14.The Commissioner of Police,
O/o.The Commissioner of Police,
Trichy City, Trichy District.
15.The Superintendent of Police,
O/o.The Superintendent of Police Office,
Trichy, Trichy District.
16.The District Collector,
O/o.The Collectorate,
Virudhunagar District,
Virudhunagar.
17.The Superintendent of Police,
O/o.The Superintendent of Police,
Virudhunagar District.
18. Indian Medical Association,
Tamil Nadu State Branch,
Represented by its Secretary,
Having Office at
IMA PPLSS Complex,
626, JVL Plaza, II Floor,
Anna Salai,
Teynampet,
Chennai - 600 018. ... Respondents
(R – 18 is impeaded vide order dated 04.09.2018
in W.M.P(MD)No.18855 of 2017)
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus to forbear the respondents from
interfering with the professional practice of the members of the
petitioner's association and from taking action on the pretext of
anti-quackery action against the members of the petitioner's
association in conformity with Section 38(8) of the Tamil Nadu
Homeopathy systems and Medicine and Practitioners of Homeopathy
Act, 1971.
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2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For R – 1 : Mr.C.Nandagopal
Central Government Standing Counsel
For RR 2, 4, 8,
10, 13 & 16 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : Mr.V.Karthikeyan
Standing Counsel
For RR 5, 7, 9,
11, 12, 14 & 15 : M/s.M.Aasha
Government Advocate
For R – 18 : Mr.K.K.Senthil
2.W.P(MD)No.4366 of 2019:
The Institutionally Qualified Homeopathic Doctor's
Welfare Association,
Represented by its General Secretary,
Dr.M.Fakhrudeen ... Petitioner
Vs
1.The State of Tamil Nadu,
Represented by its Secretary to Government,
Department of Health and Family Welfare,
Secretariat, St. George Kottai,
Chennai – 600 009.
2.The Special Executive Officer,
Implementation of Clinical Registration,
Establishment Act,
Director of Medical Service,
Teynampet, Chennai – 600 018.
3.The Director of Indian Medicine and Homeopathy Medicines,
Arignar Anna Hospital Campus,
Arumbakkam, Anna Nagar, Chennai – 600 016.
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4.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Arignar Anna Hospital Campus,
Arumbakkam,
Anna Nagar, Chennai – 600 106.
5.The Joint Director of Health Services,
O/o.The Joint Director of Health Services,
District Headquarters Hospital,
Lathams Bunglow Road,
Ramanathapuram. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the respondents to
consider the petitioner's representation dated 20.10.2018 for
making suitable amendments in the Tamil Nadu Clinical
Establishments (Regulations) Rules, 2018 to consider the grievances
of the Doctors practicing in the Homeopathy System in the matter
of Clinical Establishment within the period stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For RR 1 to 3,
5&6 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 4 : Mr.V.Karthikeyan
Standing Counsel
3.W.P(MD)No.19305 of 2020:
1.J.Shelton Aruldass
2.R.Uma Maheswari
3.C.Arumuga Kumar
4.M.Manikandan ... Petitioners
Vs
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1.Union of India,
Represented by its Secretary to Government of India,
Ministry of Health and Welfare,
Department of Health Research,
Nirman Bhawan,
New Delhi.
2.The Government of Tamil Nadu,
Represented by its Secretary for Health
and Family Welfare Department,
St. George Fort, Chennai – 600 009.
3.The Director,
Directorate of Indian Medicine and Homeopathy,
Chennai – 600 106.
4.Naturo Electro Homeopathy Medicos of India,
(N.E.H.M of India),
No.C2C/123, Pocket 12,
Janak Puri,
New Delhi – 58.
5.The Director of Medical and Rural Health Services,
Anna Salai,
Chokalingam Nagar,
Thenampettai,
Chennai – 600 006.
6.The District Collector,
Madurai District,
Madurai.
7.The District Collector,
Sivagangai District,
Sivagangai.
8.The District Collector,
Tuticorin District,
Tuticorin.
9.The District Collector,
Tirunelveli District,
Tirunelveli.
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10.The Superintendent of Police,
Madurai District,
Madurai.
11.The Superintendent of Police,
Sivagangai District, Sivagangai.
12.The Superintendent of Police,
Tuticorin District,
Tuticorin.
13.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
14.The Tamil Nadu Homeopathy Medical Council,
Arumbakkam, Chennai – 600 106. ... Respondents
(R – 14 is impeaded vide order dated 21.01.2021
made in W.M.P(MD)No.786 of 2021)
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorari calling for the records relating to
the impugned circular issued by the third respondent in his
proceedings Na.Ka.No.4047/A3/2019 dated 25.09.2020 and quash
the same as illegal and without jurisdiction in so far as
Electropathy/Electro Homeopathy is concerned.
For Petitioners : Mr.B.Saravanan
Senior Counsel
For R – 1 : Mr.M.Karthikeyavenkatachalapathy
Central Government Standing Counsel
For RR 2, 3 to5
and 9 : Mr.N.Ramesh Arumugam
Government Advocate
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For RR 10 to 13 : M/s.M.Aasha
Government Advocate
For R – 3 : Mr.V.Karthikeyan
Standing Counsel
4.W.P(MD)No.19389 of 2021:
The Institutionally Qualified Homeopathic Doctor's
Welfare Association,
Represented by its General Secretary,
Dr.M.Fakhrudeen ... Petitioner
Vs
1.The Secretary,
Department of Ayush,
Ministry of Health and Family Welfare,
Government of India, Red Cross Building,
Red Cross Road,
New Delhi – 110 001.
2.The State of Tamil Nadu,
Represented by its Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Chennai – 9.
3.The Registrar,
Tamil Nadu Board of Indian Medicine,
Arumbakkam,
Chennai – 600 106.
4.The Director of Medical and Rural Health Services,
O/o.The Director of Medical and Rural Health Services,
Chennai – 600 006.
5.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
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6.The President,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
7.The Director General of Police,
O/o.The Directorate General of Police Office,
Santhome,
Chennai – 4. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorari calling for the records relating to
the impugned order passed by the fourth respondent vide
proceedings Ref.No.52512/CEA1/2021 dated 21.09.2021 and the
consequential impugned order passed by the third respondent vide
proceedings Lr.No.24/TNBIM/2021 dated 08.10.2021 and quash the
same.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For R – 1 : Mr.S.Sivakumar
Central Government Standing Counsel
For RR 2, to 4 & 7: Mr.N.Ramesh Arumugam
Government Advocate
For RR 5 & 6 : Mr.V.Karthikeyan
Standing Counsel
5.W.P(MD)No.2588 of 2021:
V.Bharath,
President of Madhu Institute of Medical Science (MIMS),
Plot No.46, BDM Villa,
S.V.K.Nagar,
Achampathu,
Madurai – 625 019. ... Petitioner
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Vs
1.Union of India,
Represented by its Secretary Government of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi.
2.The Government of Tamil Nadu,
Represented by its Secretary for Health and
Family Welfare Department,
Secretariat, St. George Fort,
Chennai – 600 009.
3.The Director General of Police,
Dr.Radhakrishnan Road,
Mylapore,
Chennai – 600 004.
4.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Arumbakkam,
Chennai – 600 106.
5.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
6.The District Collector,
Madurai District,
Madurai – 620 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the respondent to
consider the petitioner's representation dated 15.11.2019 and to
direct the respondents not to interfere with their peaceful practice of
Electro-Homeopathy/CMS and ED/Natural Therapy which they
studied Diploma and Master Diploma in Electro-
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Homeopathy/Diploma in Community Medical Services and Essential
Drugs/Diploma in Natural Therapy.
For Petitioner : Mr.P.Arumugarajan
For R – 1 : Mr.V.B.Sundareshwar
Central Government Standing Counsel
For RR 2, 5 & 6 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : M/s.M.Aasha
Government Advocate (Criminal Side)
For R – 4 : Mr.V.Karthikeyan
Standing Counsel
6.W.P(MD)No.6140 of 2021:
South India Electropatha Association (SEA),
Represented by its President,
V.Bharath ... Petitioner
Vs
1.Union of India,
Represented by its Secretary Government of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi.
2.The Government of Tamil Nadu,
Represented by its Secretary for Health and
Family Welfare Department,
Secretariat, St. George Fort,
Chennai – 600 009.
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3.The Director General of Police,
Dr.Radhakrishnan Road,
Mylapore,
Chennai – 600 004.
4.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Arumbakkam,
Chennai – 600 106.
5.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
6.The District Collector,
Madurai District,
Madurai – 620 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus to consider the petitioner's
representation dated 28.11.2019 and to direct the respondents not
to interfere their peaceful practice of Electrohomeopathy, who
registered under in SEA.
For Petitioner : Mr.M.Antony Jesurajan
For R – 1 : Mr.P.Murugesan
Central Government Standing Counsel
For RR 2, 5 & 6 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : M/s.M.Aasha
Government Advocate (Criminal Side)
For R – 4 : Mr.V.Karthikeyan
Standing Counsel
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7.W.P(MD)No.2778 of 2022:
Sh.K.M.H.Habeeb Najjar,
S/o.Sh.K.M.Hameed,
Chairman,
Annai Nivetha Medical Institute of Electropathy
and Hospital,
No.57, Pillayarkoil Street,
Sivagangai – 630 561. ... Petitioner
Vs
1.The Union of India,
Represented by its Secretary to Government of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi.
2.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Department for Health and Family Welfare,
Fort St. George,
Chennai – 5.
3.Naturo Electro Homeopathy Medicos of India,
Represented by its Secretary,
C2C/123, Pocket-12,
Janakpuri,
New Delhi – 110 058.
4.The District Collector,
Sivagangai District.
5.The Joint Director,
Rural and Medical Health Services,
Sivagangai District,
Sivagangai.
6.The District Siddha Medical Officer,
Sivagangai,
District Siddha Medical Officer,
Sivagangai District, Sivagangai.
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7.Tamil Nadu Homeopathy Medical Council,
Represented by its Registrar,
Arumbakkam,
Chennai – 600 106. ... Respondents
(R – 7 is impleaded vide order dated 26.10.2022
in W.M.P(MD)No.3529 of 2022)
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorari calling for the records of the sixth
respondent in respect of the impugned letter dated 14.12.2021 and
quash the same.
For Petitioner : Mr.C.Jawahar Ravindran
For R – 1 : Mr.J.Alaguramjothi
Central Government Standing Counsel
For RR 2, 4 to 6 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : Mr.H.Velavadhas
Central Government Standing Counsel
Standing Counsel
For R – 7 : Mr.V.Karthikeyan
Standing Counsel
8.W.P(MD)No.3068 of 2022:
S.Rajeev,
President,
Sahara Shiksha Peeth (National Development Agency),
Perumal Konar Complex,
Sethu Road,
Peravurani,
Thanjavur District. ... Petitioner
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Vs
1.The District Collector,
Thanjavur,
Thanjavur District.
2.The Joint Director,
Medical and Rural Health Services,
Thanjavur District.
3.The Superintendent of Police,
Thanjavur,
Thanjavur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents not to
disturb the “Sahara Shiksh Peeth” Society having office and self
employment skill training institution at Peravurani, Thanjavur
District based on the petitioner's representation dated 02.12.2021.
For Petitioner : Mr.N.Kamesh
For RR 1 & 2 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : M/s.M.Aasha
Government Advocate (Crl. Side)
9.W.P(MD)No.4022 of 2022:
Dr.K.Annaiappan ... Petitioner
Vs
1.The Secretary,
Ministry of Health and Family Welfare Department,
Government Hospital Complex,
Dindigul.
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2.The Joint Director,
Medical and Rural Health Services,
Government Hospital Complex,
Dindigul.
3.The Superintendent of Police,
Dindigul,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the second respondent
not to disturb the petitioner clinic at Vellaiyagoundanur,
Vedachandur Taluk, Dindigul District based on the petitioner's
representation dated 26.02.2022.
For Petitioner : Mr.N.Kamesh
For RR 1 & 2 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 3 : M/s.M.Aasha
Government Advocate (Crl. Side)
10.W.P(MD)No.4072 of 2022:
R.Brithiviraj,
S/o.Ramamoorthy,
Director,
UVS Electropathy Medical College & Hospital,
No.20, Parasakthi Street,
Sundar Nagar,
Thirunagar 3rd stop,
Madurai – 625 006. ... Petitioner
Vs
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1.The Union of India,
Represented by its Secretary to Government of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi.
2.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Department for Health and Family Welfare,
Fort St. George,
Chennai – 5.
3.Naturo Electro Homeopathy Medicos of India,
Represented by its Secretary,
C2C/123, Pocket-12,
Janakpuri,
New Delhi – 110 058.
4.The District Collector,
Sivagangai District.
5.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
6.The Director,
Medical and Rural Services,
Usilampatti,
Madurai District.
7.The Revenue Divisional Officer,
Thirumangalam,
Madurai District.
8.The Thasildar,
Thirupparankundram,
Madurai South Taluk,
Madurai District. ... Respondents
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PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus calling for the
records of the seventh respondent in respect of the impugned order
in Na.Ka.No.4109/2021/A1 dated 05.01.2022 and quash the same
and direct the seventh respondent to remove the lock and seal from
the petitioner's UVS Electropathy Medical College and Hospital,
Thirunagar, Madurai.
For Petitioner : Mr.C.Jawahar Ravindran
For RR 1 & 3 : Mr.H.Velavadhas
Central Government Standing Counsel
Standing Counsel
For RR 2, 4 to 8 : Mr.N.Ramesh Arumugam
Government Advocate
COMMON ORDER
W.P(MD)No.10041 of 2017 has been filed by the
petitioner for a direction forbearing the respondents from interfering
with the professional practice of the members of the petitioner's
association and also from taking any action on the pretext of
anti-quackery action against the members of the petitioner's
association.
2.W.P(MD)No.4366 of 2019 has been filed by the
petitioner for a direction directing the respondents to consider the
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
representation seeking suitable amendments in the Tamil Nadu
Clinical Establishments (Regulations) Rules, 2018 and to consider
the grievances of the Doctors practicing in the Homeopathy System.
3.W.P(MD)No.19305 of 2020 has been filed by the
petitioners challenging the circular issued by the third respondent
dated 25.09.2020 insofar as Electropathy/Electro Homeopathy is
concerned.
4.W.P(MD)No.19389 of 2021 has been filed by the
petitioner challenging the order passed by the fourth respondent
dated 21.09.2021 and the consequential impugned order passed by
the third respondent dated 08.10.2021, thereby directing to monitor
all other practice (Ayush) clinics whether they strictly adhere their
system of medicine practice in their Districts. Further, directed to file
a criminal case against the erring Doctor before the concerned
Judicial Magistrate Court as per the Tamil Nadu Clinical
Establishment Act, 1997.
5.W.P(MD)No.2588 of 2021 has been filed by the
petitioner for a direction directing the respondents to consider the
representation seeking not to interfere with their peaceful practice
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of Electro-Homeopathy/CMS and ED/Natural Therapy which they
studied Diploma and Master Diploma in Electro-
Homeopathy/Diploma in Community Medical Services and Essential
Drugs/Diploma in Natural Therapy.
6.W.P(MD)No.6140 of 2022 has been filed by the
petitioner for a direction directing the respondents not to interfere
with the petitioner's peaceful practice of Electrohomeopathy.
7.W.P(MD)No.2778 of 2022 has been filed by the
petitioner challenging the order passed by the sixth respondent
dated 14.12.2021 thereby ordering to close the petitioner's
Institution within a period of 7 days failing which action will be taken
in accordance with law.
8.W.P(MD)No.3068 of 2022 has been filed by the
petitioner for a direction directing the respondents not to disturb the
petitioner's Institution.
9.W.P(MD)No.4022 of 2022 has been filed by the
petitioner for a direction directing the second respondent not to
disturb the petitioner's clinic.
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10.W.P(MD)No.4072 of 2022 has been filed by the
petitioner challenging the order passed by the seventh respondent
dated 05.01.2022 thereby locked and sealed the petitioner's
premises.
11.The issue in all the Writ Petitions is one and the same
and as such, this Court passes the common order in all the Writ
Petitions.
12.Some of the Writ Petitions have been filed by the
Association, some of the Writ Petitions have been filed by individual
person, who is running the Institution for Electropathy/Electro
Homeopathy and some of the Writ Petitions have been filed by the
individual practitioner, who is practicing Electropathy/Electro
Homeopathy.
13.The members of the petitioner in W.P(MD)No.10041
of 2017 are qualified with B.H.M.S Degree awarded by the Tamil
Nadu Dr.M.G.R Medical University, Chennai. They had also enrolled
as a registered Medical Practitioner and they are eligible to practice
respective systems with modern scientific medicine including
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
Surgery and Gynecology Obstetrics, Anesthesiology, ENT,
Ophthalmology etc., based on the training and teaching. They made
representation to the Government to practice in the Allopathy
system of Medicine along with Homeopathy system of medicine. The
Central Council of Indian Medicine Institution notified that the
institutionally qualified practitioners of Ayurveda, Siddha, Unani Tibb
are eligible to practice with modern scientific medicines. However,
the Police personnels had intervened with the practitioners of
Ayurveda, Siddha, Unani Tibb. They have no jurisdiction to interfere
with the exclusive practice of the Homeopathy Medicine. Therefore,
the petitioner submitted a representation not to interfere of its
members professional practice and not to take any action.
14.The case of the petitioners in W.P(MD)No.19305 of
2020 is that they are the practitioners of Electropathy system of
Medicine and registered with Naturo Electro Homeopathy Medicos of
India namely the fourth respondent. It is authorized by the
Government of India for the development, promotion and research
of Electropathy in India. The fourth respondent is issuing certificates
to the Medical practitioners those who completed their prescribed
course in Electropathy system of medicine in India. However, the
Government of Delhi issued notification stating that the fourth
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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respondent is neither recognized nor the certificates issued by the
fourth respondent is recognized by the Government of India nor the
Delhi Administration and as such, the persons, who possesses the
certificates issued by the fourth respondent are not entitled to do
any medical practice. However, it was challenged before the High
Court of Delhi and held that the fourth respondent issued
Diplomas/Certificates and holders of certificates are entitled to
practice Electropathy system of medicine. Accordingly, the first
respondent issued a notification stating that the fourth respondent
can issue Diploma/Certificate in Electropathy/Electro Homeopathy
and who possess the certificates can practice Electropathy system of
medicine. Further, as per the notification issued by the first
respondent, there is no proposal to stop the practitioners from
practicing Electropathy or imparting education. Now the
Government of India has proposed to bring a legislation to regulate
the electropathy system of medicine in India. Therefore, the
petitioners are not barred from practicing electropathy system of
medicine by any law. While being so, a Circular dated 25.09.2020
was issued by the third respondent stating that the Government of
Tamil Nadu has been taking efforts to control the spread of Covid-19
and granted permission to treat the patients by the practitioners
with certificate in Siddha, Ayurvedha, Unani, Yoga and Naturopathy
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
registered in the council for Siddha and Indian medicine. Further the
District Siddha Medical Officer shall appoint a Doctor within the
District practicing in Siddha, Yoga, Natural medicine, Ayurvedha,
Unani and Homeopathy to identify the unregistered medical
practitioners with fake certificates and notify the same to the
District Collectors and District Superintendent of Police for
appropriate action.
15.The case of the petitioner in W.P(MD)No.2778 of
2022 is that the petitioner's Institution is affiliated with Naturo
Electro Homeopathy Medicos of India, namely, the third respondent
herein. The third respondent has been authorized by the Ministry of
Health and Family Welfare, Government of India by communication
dated 17.06.1991. The petitioner's Institution is conducting
Certificate courses in Electropathy/Electro Homeopathy. The
petitioner's Institution is not conducting any Degree or Diploma
Courses. Further, as stated supra, there is no ban of conducting
Electropathy/Electro Homeopathy courses and also to practice in
Electropathy/Electro Homeopathy medicine. However, the sixth
respondent without jurisdiction passed order to close the Institution.
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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16.Therefore, the core issue in all these Writ Petitions is
that the persons, who had undergone Electropathy/Electro
Homeopathy courses in the Institution, can practice
Electropathy/Electro Homeopathy medicine and the Institutions who
taught these courses is affiliated/recognized either by the Homeo
Medical council or any of the Medical Council. Further, whether the
Naturo Electro Homeopathy Medicos of India is affiliated/recognized
by any of the Council of Medical Council of India and whether it can
issue any certificate to the person, who had undergone
Electropathy/Electro Homeopathy courses.
17.On perusal of the counter-affidavit filed by the Tamil
Nadu Homeopathy Medical Council and on the submissions made by
the learned Standing Counsel would reveal that the persons who
possess Diploma in Electropathy/Electro Homeopathy are not
entitled to practice in the medicine of Electropathy/Electro
Homeopathy. The stream of Electropathy/Electro Homeopathy had
not been recognized by the Ministry of Health, Government of India
as an alternate system of medicine. Further, the Naturo Electro
Homeopathy Medicos of India is not affiliated/recognized by any
authority and anyone of the Medical Council in India. Therefore, the
issuance of certificate by the Naturo Electro Homeopathy Medicos of
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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India is not valid and the persons who possess certificate from the
Naturo Electro Homeopathy Medicos of India are not eligible to
practice in any system of medicine. After considering the matter of
recognition to various streams of alternative medicine including
Electropathy/Electro Homeopathy, by the Committee constituted by
the Government of India analysed in a detailed manner and did not
recommend any of the alternative medicines except the traditional
streams of medicine in Ayurveda, Yoga and Naturapathy, Unani,
Siddha and Homeopathy (Ayush). The Committee further suggested
that other unrecognized streams of medicines should not be allowed
to continue, Bachelors and Masters Degree courses and the term
Doctor should be used only by practitioners of streams of medicines
recognized by the Government of India. Thus, it is clear that
Electropathy/Electro Homeopathy medicine are not recognized
streams of alternative medicine by the Government of India. That
apart, as directed by the High Court of Delhi and Allahabad, the
Government of India, by its communication dated 05.05.2010
ordered that alternative streams of medicine except Ayush are not
recognized and that conduct of Degree or Diploma courses in such
alternate streams of medicine should not be permitted in practice.
Further, the Electropathy/Electro Homeopathy is not a stream of
medicine. Further, it states that a qualified registered medical
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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practitioner, duly registered with the Medical Council, can undergo
course in Electropathy/Electro Homeopathy. It does not mean that
the person who undergone Diploma courses in Electropathy/Electro
Homeopathy can practice.
18.Further, the Government of Tamil Nadu formulated
two enactments called as the Tamil Nadu Homeopathy system of
Medicine and Practitioners of Homeopathy Act, 1971 and the Tamil
Nadu Clinical Establishments (Regulation Act 1997) (as amended by
Tamil Nadu Act 19/2018). It debars any person other than one
registered under the Act from practicing Homeopathy. Further, the
Degree or other Diploma, Licence or Certificates are equally held to
be invalid and punishable both with fine and imprisonment. Further,
as per the Amended Act, 2018 and Rules framed thereunder every
clinical establishment or clinic has to be registered under the Act
and practice in such clinical establishment or clinic can only be in
recognized streams of medicine namely Ayush. Further, the Clinical
Establishment Regulations Act is mandatory for all individual
practitioners running clinic or clinical establishment to register
themselves and practice only in the recognized stream of medicine.
The petitioner's Association and the members of the petitioner's
Association are not recognized under the Clinical Establishment
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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Regulation Act and they are not practicing any recognized stream of
medicine.
19.In fact, one of the orders by rejecting the Diploma
certificate obtained in Electropathy/Electro Homeopathy for
registration was challenged before this Court in W.P(MD)No.20217
of 2019 and this Court by order dated 25.02.2020 along with other
batch of Writ Petitions, passed an order which is reported in 2020
(1) CWC 798. The relevant portion of the order is as follows:
“15. A perusal of the above order of the first
respondent makes it crystal clear that there is no
proposal to stop the practice of the petitioners in
electropathy, if the same is in tune with the order dated
25.11.2003. The said order dated 25.11.2003 clearly
states that the first respondent did not recognize
Electropathy/Electrohomeopathy and requested the
State/Union Territories Governments to ensure that
institutions under them do not grant any degree /
diploma in the stream of medicine which have not been
recommended for recognition and the term ?Doctor? is
used by practitioners of recognized system of medicine.
..........
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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19. It is the claim of the learned counsel for the
petitioners that the Hon'ble Apex Court in the judgment
dated 01.05.2018 passed in SLP (C)No.20134/2017,
following the earlier order made in SLP (C)No.23572 of
2009, permitted the appellant therein to provide an
alternative therapy, i.e., Electro Homeopathy, as there is
no ban by any competent authority. Even in the said
judgment, the Hon'ble Apex Court held that the practice
in electropathy or imparting education should be done
with the provisions of the order dated 25.11.2003. Since
the claim of the petitioners herein is not in tune with the
provisions of the order dated 25.11.2003, they are not
entitled to lay their hands in the said judgment to seek
similar treatment.
20. As stated above, most of the certificates
produced by the petitioners in the typed set of papers, in
respect of their claim of obtaining Diploma in Electro
Homeopathy, are issued by some private institutions
without affiliation to anyone of the statutory bodies /
universities recognized by the Acts of the Parliament.
The petitioners, who claimed to have undergone a
diploma course in the so called alternative stream of
medicine, without even verifying the genuineness of the
statutory recognition, status of the institute joined the
course, throws serious doubt about the genuineness in
their very claim. Having obtained diplomas from such
institutes, the petitioners are estopped from claiming any
right either to register themselves in the roles of the
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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statutory council or practice in that particular stream of
medicine.
21.Though the learned counsel for the petitioners
submitted that the Central Government is taking steps to
enact laws, namely, The Electro Homeopathy System of
Medicine (Recognition) Bill, and till such time, the
petitioners may be permitted to practice, when this Court
posed a specific question as to whether the petitioners
can rely upon the provisions contained in the proposed
Bill, it is admitted by him that untill the same is passed
by both the House of Parliament and received the
Presidential assent, they cannot.
...........
23. At this stage, it is to be stated that though all
the rules and regulations are in place, there is no action
taken by the authorities concerned. The authorities are
accountable for not implementing the rules. The common
man and aspiring students should be informed and
awareness should have been created in them about the
unrecognized courses.
24. In the instant case, the first respondent even in
the order dated 25.11.2003 directed the State
Governments and the Union Territories to ensure that the
institutions under them do not grant any degree /
diploma in the stream of medicine which have not been
recommended for recognition. But the institute, in which,
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the petitioners claim to have studied is able to run the
three years courses for many academic years, without
any action being initiated against it by the State
Government. The same cannot be weighed lightly, as it
caused serious prejudice to the lives of these young
petitioners. In such situation, at least, now, the Central /
State Governments are directed to take immediate action
against such bogus institutes and have a serious check
on these issues without any further delay, in accordance
with law.”
20.Based on the directions issued by this Court, the
Government of Tamil Nadu by its communication dated 07.09.2020
issued instructions to all the District Collectors and Superintendent
of Police to initiate stringent action against the institutions which
conduct Diploma course in Electropathy/Electro Homeopathy and
the persons those who practice the stream of medicine based on the
unapproved diploma course. Accordingly, the orders impugned in
some of the Writ Petitions were issued and directed the Institution
to close the same. Further, in pursuant to the direction some of the
organizers filed some Writ Petitions by individually and also by their
Association to forbear the respondents from taking action.
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
21.On perusal of the counter-affidavit filed by the
Government of India also revealed that the request for recognition
of Naturo Electro Homeopathy Medicos of India was rejected.
Therefore, the Government of India stated that permission cannot
be granted to practice in the system of Electropathy/Electro
Homeopathy medicine which is not recognized by the Government
of India.
22.Even then, the petitioner's Institution in W.P(MD)No.
2778 of 2022 conducted Certificate/Diploma Courses in alternative
stream of medicine of Electropathy/Electro Homeopathy and issued
certificates. The persons, who completed the certificate/Diploma
courses and on the strength of the certificates issued by the
Institution were practicing the medicine of Electropathy/Electro
Homeopathy. The Naturo Electro Homeopathy Medicos of India itself
is not an authenticated statutory body to provide affiliation to run
institutions to impart the education of Electropathy/Electro
Homeopathy. It has no legal affirmation and the certificates issued
by it has no legal validity. Further, it is also revealed from the
communication dated 12.10.2018 issued by the Tamil Nadu
Homeopathy Medical Council that the Electropathy system of
medicine itself does not stand recognized by the Central
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
Government of India. Therefore, the question of authorizing or
recognizing anybody, in whatsoever name or form to impart
education/conduct courses in this system, may not arise.
23.Mr.Saravana, learned senior counsel submitted that
when there is no ban to impart education in the medical stream of
Electropathy/Electro Homeopathy and there is no ban on practice of
Electropathy/Electro Homeopathy, no action can be taken against
the persons who practice Electropathy/Electro Homeopathy
medicine.
24.A person can practice only the system of medicine
for which he/she has a degree/recognized qualification under the
concerned Medical Council of India. The Medical Council of India
crossed 1.1.3 prohibits the allopathic practitioners to prescribe
Ayurvedic or Homeopathic drugs. Further, no person other than a
Doctor having qualification recognized by the Medical Council of
India and registered with Medical Council of India/State Medical
Council is allowed practice Modern system of Medicine or surgery.
Likewise the Government forbids the Doctors of Ayush system of
medicine from prescribing/administering Allopathic medicine.
Therefore, who are qualified and registered in the Indian System of
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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Medicine, they are only allowed to practice the system of medicine
on which they have been entitled. Further, they are also not eligible
to practice other system of medicine other than the registered
qualification of theirs. The person who registered in Ayush council
can only practice the system of medicines which comes under the
control of Ayush and they cannot practice Allopathy, if registered
with Ayush council.
25.Therefore, the members of the petitioner in
W.P(MD)No.10041 of 2017 cannot practice allopathy system of
medicine as a matter of right, but its members are entitled only to
practice Homeopathy and licence has also been issued to that effect
only. That apart, on receipt of the representation from the
petitioner's Association in W.P(MD)No.10041 of 2017, the same was
considered by the authority concerned and directed the police
personnel not to harass the genuine, qualified, registered
Homeopathy Doctors and the same was also duly communicated to
it. If any bogus medical practitioners are practicing without any valid
licence, they are liable to be punished and if any complaints
received by the police, therefore, it is open to the police authorities
to take appropriate action on receipt of the said complaint.
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
26.In view of the above, all the Writ Petitions are devoid
of merits and the same are liable to be dismissed. Accordingly, all
these Writ Petitions are dismissed. There shall be no order as to
costs. Consequently, connected Miscellaneous Petitions are closed.
28.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
To
1.The Secretary,
Department of Ayush,
Ministry of Health and Welfare,
Government of India, Red Cross Building,
Red Cross Road,
New Delhi – 110 001.
2.The Secretary to Government,
Health & Family Welfare Department,
Secretariat, Chennai – 9.
3.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
4.The President,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
5.The Director General of Police,
O/o.The Directorate General of Police Office,
Santhome, Chennai – 4.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
6.The District Collector,
O/o.The District Collectorate Office,
Ramanathapuram,
Ramanathapuram District.
7.The Superintendent of Police,
O/o.The Superintendent of Police Office,
District Collectorate Campus,
Ramanathapuram,
Ramanathapuram District.
8.The District Collector,
O/o.The District Collectorate Office,
Sivagangai,
Sivagangai District.
9.The Superintendent of Police,
O/o.The Superintendent of Police Office,
Sivagangai,
Sivagangai District.
10.The District Collector,
O/o.The District Collectorate Office,
Madurai, Madurai District.
11.The Commissioner of Police,
O/o.The Commissioner of Police, Madurai City,
Madurai District.
12.The Superintendent of Police,
O/o.The Superintendent of Police,
Madurai District.
13.The District Collector,
O/o.The District Collectorate Office,
Trichy, Trichy District.
14.The Commissioner of Police,
O/o.The Commissioner of Police,
Trichy City, Trichy District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
15.The Superintendent of Police,
O/o.The Superintendent of Police Office,
Trichy, Trichy District.
16.The District Collector,
O/o.The Collectorate,
Virudhunagar District,
Virudhunagar.
17.The Superintendent of Police,
O/o.The Superintendent of Police,
Virudhunagar District.
18. Indian Medical Association,
Tamil Nadu State Branch,
Represented by its Secretary,
Having Office at
IMA PPLSS Complex,
626, JVL Plaza, II Floor,
Anna Salai,
Teynampet,
Chennai - 600 018.
19.The Secretary to Government,
Department of Health and Family Welfare,
Secretariat, St. George Kottai,
Chennai – 600 009.
20.The Special Executive Officer,
Implementation of Clinical Registration,
Establishment Act,
Director of Medical Service,
Teynampet, Chennai – 600 018.
21.The Director of Indian Medicine and Homeopathy Medicines,
Arignar Anna Hospital Campus,
Arumbakkam, Anna Nagar,
Chennai – 600 016.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
22.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Arignar Anna Hospital Campus,
Arumbakkam,
Anna Nagar, Chennai – 600 106.
23.The Joint Director of Health Services,
O/o.The Joint Director of Health Services,
District Headquarters Hospital,
Lathams Bunglow Road,
Ramanathapuram.
24.The Secretary for Health
and Family Welfare Department,
St. George Fort, Chennai – 600 009.
25.The Director,
Directorate of Indian Medicine and Homeopathy,
Chennai – 600 106.
26.Naturo Electro Homeopathy Medicos of India,
(N.E.H.M of India),
No.C2C/123, Pocket 12,
Janak Puri,
New Delhi – 58.
27.The Director of Medical and Rural Health Services,
Anna Salai,
Chokalingam Nagar,
Thenampettai,
Chennai – 600 006.
28.The District Collector,
Madurai District,
Madurai.
29.The District Collector,
Sivagangai District,
Sivagangai.
https://www.mhc.tn.gov.in/judis
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30.The District Collector,
Tuticorin District,
Tuticorin.
31.The District Collector,
Tirunelveli District,
Tirunelveli.
32.The Superintendent of Police,
Madurai District,
Madurai.
33.The Superintendent of Police,
Sivagangai District, Sivagangai.
34.The Superintendent of Police,
Tuticorin District,
Tuticorin.
35.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
36.The Tamil Nadu Homeopathy Medical Council,
Arumbakkam, Chennai – 600 106.
37.The Registrar,
Tamil Nadu Board of Indian Medicine,
Arumbakkam,
Chennai – 600 106.
38.The Director of Medical and Rural Health Services,
O/o.The Director of Medical and Rural Health Services,
Chennai – 600 006.
39.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
40.The President,
Tamil Nadu Homeopathy Medical Council,
Chennai – 106.
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W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022
41.The Director General of Police,
O/o.The Directorate General of Police Office,
Santhome,
Chennai – 4.
42.The Director General of Police,
Dr.Radhakrishnan Road,
Mylapore,
Chennai – 600 004.
43.The Registrar,
Tamil Nadu Homeopathy Medical Council,
Arumbakkam,
Chennai – 600 106.
44.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
45.The District Collector,
Madurai District,
Madurai – 620 020.
46.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
47.The District Collector,
Madurai District,
Madurai – 620 020.
48.The District Collector,
Sivagangai District.
49.The Joint Director,
Rural and Medical Health Services,
Sivagangai District,
Sivagangai.
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50.The District Siddha Medical Officer,
Sivagangai,
District Siddha Medical Officer,
Sivagangai District,
Sivagangai.
51.Tamil Nadu Homeopathy Medical Council,
Represented by its Registrar,
Arumbakkam,
Chennai – 600 106.
52.The District Collector,
Thanjavur,
Thanjavur District.
53.The Joint Director,
Medical and Rural Health Services,
Thanjavur District.
54.The Superintendent of Police,
Thanjavur,
Thanjavur District.
55.The Secretary,
Ministry of Health and Family Welfare Department,
Government Hospital Complex,
Dindigul.
56.The Joint Director,
Medical and Rural Health Services,
Government Hospital Complex,
Dindigul.
57.The Superintendent of Police,
Dindigul,
Dindigul District.
58.The District Collector,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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59.The Joint Director,
Rural and Medical Health Services,
Madurai District,
Madurai.
60.The Director,
Medical and Rural Services,
Usilampatti,
Madurai District.
61.The Revenue Divisional Officer,
Thirumangalam,
Madurai District.
62.The Thasildar,
Thirupparankundram,
Madurai South Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19605 of 2020, 19389 of 2021, 2588 of 2021, 6140 of
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G.K.ILANTHIRAIYAN, J.
ps
Order made in
W.P(MD)Nos.10041 of 2017, 4366 of 2019,
19305 of 2020, 19389 of 2021,
2588 of 2021, 6140 of 2021,
2778 of 2022, 3068 of 2022,
4022 of 2022 & 4072 of 2022
28.01.2025
https://www.mhc.tn.gov.in/judis
