Madras High CourtWP/13177/2016disposed of

S.V.S.Educational & Social v. The Union Of India, Rep.By

2016-08-22Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.13177/2016 S.V.S.Educational & Social Service Trust rep.by its Chairman & Managing Director No.74, Gandhi Road, Kallakurichi-606 202 Villupuram District.

Petitioner Vs.

1.The Secretary Union of India Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy [AYUSH], Ayush Bhawan, B Block, GPO Complex INA, New Delhi 110 023.

2.The Secretary Central Council of Homeopathy 61-65, Institutional Area Opposite D Block, Janak Puri New Delhi 110058.

3.The Registrar Tamil Nadu Dr.MGR Medical University 69, Anna Salai, Guindy Chennai 600 032.

4.The Special Commissioner Directorate of Indian Medicine & Homeopathy Arignar Anna Hospital Complex, Arumbakkam, Chennai 106.

5.The District Collector Villupuram District, Villupuram.

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the 5th respondent to remove the seal and permit the petitioner Trust to run the SVS Medical college of Homeopathy and Reasearch Institute, Kallakurichi.

For Petitioner :

Mr.C.Prakasam For R1& R2 :

Mr.J.Madanagopal Rao, SCGSC For R3 :

Mr.P.Dinesh Kumar For R4 :

Mrs.P.Rajalakshmi, GA For R5 :

Mr.R.A.S.Senthilvel, AGP

ORDER

Heard the learned counsel for the petitioner ; Mr.J.Madanagopal Rao, learned Senior Central Government Standing Counsel appearing for the respondents 1 and 2 ; Mr.P.Dinesh Kumar, learned counsel appearing for the 3rd respondent ; Mrs.P.Rajalakshmi, learned Government Advocate appearing for the 4th respondent and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the 5th respondent.

This Court, in continuation of the order dated 11.08.2016, is passing the following order.

The 5th respondent has filed an additional counter affidavit, dated 17.08.2016 and it is relevant to extract the same:- ".....

In order to bring the situation under control and maintain peace, to prevent the Management of the Medical College from entering the premises and tampering with the evidences against them, for fair and proper investigation to be conducted by the investigating agency and finally for preventing the Anti-Social elements from damaging the Medical College, it was decided to seal the petitioner's institution. The Revenue Divisional Officer, Kallakurichi, was directed to seal petitioner's Medical College and the Hostels, which were functioning in the private buildings. The Medical college was sealed in the public interest and to contain the tense situation that prevailed then. The intention of the district administration to seal the college was bona fide and was done in good faith.

The demands of the agitators including alternative arrangements for the students who lost their education in view of closure of college have been complied with and the enquiry of the case is being dealt by CBCID, the Law and Order situation is under control and therefore, the seals may be removed."

In the light of the stand taken in the additional counter affidavit, the 5th respondent is ordered to remove the lock and seal put on the petitioner's premises/institution within a period of one week from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Secretary Union of India Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy [AYUSH], Ayush Bhavan, B Block, GPO Complex INA, New Delhi 110 023.

2.The Secretary Central Council of Homeopathy 61-65, Institutional Area Opposite D Block, Janak Puri New Delhi 110058.

3.The Registrar Tamil Nadu Dr.MGR Medical University 69, Anna Salai, Guindy Chennai 600 032.

4.The Special Commissioner Directorate of Indian Medicine & Homeopathy Arignar Anna Hospital Complex, Arumbakkam, Chennai 106.

5.The District Collector Villupuram District, Villupuram.

+3 cc to Mr.C.Prakasam, advocate,sr.48081 & 47691 +1 cc to mr.J.Madanagopal Rao,advocate,sr.48060 +1 cc to Govt.Pleader,sr.47966.

scd(co) krd 26/8 WP.No.13177/2016