Dr.K.Ramachandran v. Tamil Nadu Medical Council

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN W.P.No.32417 of 2016 and W.M.P.No.28120 of 2016 Dr.K.Ramachandran ... Petitioner Vs

1. Tamil Nadu Medical Council, Rep. By its Registrar, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

2. Sub-District Appropriate Authority, Under the Pre-conception & Pre-Natatal Diagnostic Technique (Prohibition of Sex Selection Act) 1994, The Chief Civil Surgeon Medical Officer, Government Hospital, Vridhachalam - 606 001, Cuddalore District.

3. The Secretary, Minsitry of Health and Family Welfare, Union of India, New Delhi.

(R3, suo motu, impleaded as per order dated 17.11.2016 in W.P.No.32417 of 2016) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari by calling for the relevant records, which culminated in the issuance of the impugned order in Ref.No.TNMC/G373/2016 dated 24.05.2016, suspending the medical practice of the Petitioner, till the disposal of Criminal Case in C.C.No.68 of 2014, on the file of District Munsif-cum-Judicial Magistrate Court, Neyveli, by the 1st Respondent and quash the same as malafide, illegal, arbitrary and in violation of the principles

of natural justice and of the provisions of the Indian Medical Council (Professional Conduct, Etiquettee & Ethics) Regulations, 2002 and of the Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994. For Petitioner : Mr.S.Kadarkarai.

For Respondents : Mrs.R.Anitha, Government Advocate.

O R D E R

The matter has been heard through "Video Conference". 2.The Learned Counsel for the Petitioner submitted that this Petition has become infructuous as the Criminal Case in C.C.No.68 of 2014 itself has been disposed of. 3.In view of the above submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VII) // True Copy// Sub Assistant Registrar ay To 1.

Tamil Nadu Medical Council, Rep. By its Registrar, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

2.

Sub-District Appropriate Authority, Under the Pre-conception & Pre-Natatal Diagnostic Technique (Prohibition of Sex Selection Act) 1994, The Chief Civil Surgeon Medical Officer, Government Hospital, Vridhachalam - 606 001, Cuddalore District.

3.

The Secretary, Minsitry of Health and Family Welfare, Union of India, New Delhi.

+1cc to Mr.S.Kadarkarai., Advocate, S.R.No.40444 +1cc to Mr.G.Sankaran, Advocate, S.R.No.40240 +1cc to Mr.M.Purushothaman, Advocate, S.R.No.40484 W.P.No.32417 of 2016 and W.M.P.No.28120 of 2016 KSM(CO) PBS(03/09/2021)