Central Council Of Indian v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Central Council of Indian Medicine through its Secretary, 4th floor, Jawahar Lal Nehru Bhartiya Chikitsa Avam Homoeopathy Anusandhan Bhawan, Institutional Area, Opp. 'D' Block, Janakpuri, New Delhi-110 058.

.. Petitioner Vs 1.The State of Tamilnadu, rep. by Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai-600 009.

2.The Registrar, Tamilnadu Siddha Medial Council,

3.The Commissioner and Director of Indian Medicine & Homeopathy, 4.The Tamilnadu Dr. M.G.R. Medical University, P.B.No.1200 No.69, Anna Salai, Guindy, Chennai-600 032.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that Sections 2(15), 3(1,2 and 4), 13(1) (a&b), 13(1)(g&p), 18(1)(a&b), 19(1), 26(1), 27(1), 34 and 36(2) of the Tamil Nadu Siddha Sytem of Medicine (Development and Registration of Practitioners) Act, 1997 and its schedule as contradictory and violative of the provisions of IMCC Act, 1970 and IMCC (Amendment) Act, 2003 and as such they are unenforceable by the respondents in any manner. For the Petitioner : No appearance For the Respondents : Mr.U.Bharanidharan Addl. Government Pleader for respondents 1 to 3 : No appearance for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) The present writ petition is filed for declaration that the provisions of the Tamilnadu Siddha System of Medicine

(Development and Registration of Practitioners) Act, 1997 and its schedule as contradictory and violative of the provisions of the IMCC Act, 1970 and IMCC (Amendment) Act, 2003.

2. It is submitted by learned Additional Government Pleader that now the Act of 1997 does not survive and it is replaced by the National Commission for Indian System of Medicine Act, 2020 and the same is being followed and not the State Act.

3. In the light of the said statement, no further orders are necessary in the present writ petition, nor the relief claimed by the petitioner survives.

4. The writ petition, accordingly, stands disposed of. No costs.

(S.V.G., CJ.) (P.D.A., J.) 28.06.2023 Index :

Yes/No :

Yes/No bbr

To 1.The Secretary to Government, State of Tamilnadu, Health & Family Welfare Department, Fort St. George, Chennai-600 009.

2.The Registrar, Tamilnadu Siddha Medial Council 3.The Commissioner and Director of Indian Medicine & Homeopathy,

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 28.06.2023