P. Balasubramanian v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.No.1 of 2015 P.Balasubramanian ... Petitioner Vs.

1. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Inspector General of Police, Chennai - 600 002.

3. The Principal Secretary and Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106.

4. The Principal Secretary to Government, Health and Family Welfare Department, Chennai - 600 009.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents forbearing them from in any law interfering with the petitioner's peaceful and lawful right to practice his medical profession in any manner except under due process of law. For Petitioner : No appearance For Respondent : Mr.K.H.Ravikumar, Government Advocate

O R D E R

This matter came up for consideration before this court on 01.07.2025. As there was no representation for the petitioner, the same was directed to be listed under the caption "For Dismissal".

2. Today, inspite of the matter being listed under the caption "For Dismissal", there is no representation for the petitioner. In the circumstances, this court is left with no other option except to dismiss the writ petition for nonprosecution.

3. Be that as it may, the relief sought in this writ petition is for issuance of writ of mandamus, directing the second respondent not to interfere with the petitioner's peaceful and lawful right to practice his medical profession in any manner except under due process of law

4. On perusal of the affidavit, it is noticed that the petitioner is a qualified member having possessed the B.A.M.S degree in Ayurveda System of Medicine and Possessing a medical registration certificate from the Tamil Nadu Board of Indian Medicine.

5. The grievance of the petitioner is that the respondents are interfering with the professional activities without following the due process of law. The petitioner, having been a person possessing a degree in B.A.M.S in Ayurveda System of Medicine, is entitled to practice in the legally permissible field, but not otherwise.

6. Taking into consideration the long lapse of time of about a decade, since the date of filing of the writ petition, this court is of the considered view that the cause of action in the writ petition does not survive. However, in case if the petitioner has got any subsisting grievance as on date, he is granted liberty to submit an appropriate representation before the respondents and in case, if any such representation is submitted, the respondents shall consider the same in accordance with law. It is made clear that this shall not further permit the petitioner to any practice, which is impermissible under law.

7. Accordingly, the writ petition is disposed of. No costs. Connected miscellaneous petitions, if any, shall stand closed. 02.07.2025 skr Index : Yes / No Speaking order / Non-speaking order

MUMMINENI SUDHEER KUMAR, J.

skr To

1. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Inspector General of Police, Chennai - 600 002.

3. The Principal Secretary and Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106.

4. The Principal Secretary to Government, Health and Family Welfare Department, Chennai - 600 009.

02.07.2025