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Madras High CourtWP/12565/2024disposed of

National Board Of Alternative Medicines, v. The Union Of India

2024-06-03Honourable Dr Justice Anita Sumanth6 pages

2024:MHC:2130

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH National Board of Alternative Medicines Represented by its President, Dr.T.Selvaraj, Ph.D., (Regn.No.169/2010/Mayiladuthurai) No.60, Mela Chetty Street, Kuttalam Post & Taluk, Mayiladuthurai District 609 801.

.... Petitioner Vs

1. The Union Of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, Department Of Health Research, 2nd Floor, IRCS Building, No.1, Red Cross Road, New Delhi - 110 001.

2 The Union Of India Represented by the Under Secretary to Government, Ministry Of Ayush, (AYUSH) Ayush Bhawan, 'B' - Block, GPO Complex, INA, New Delhi -110 023.

3 The Director, Indian Council Of Medical Research, (ICMR) V.Ramalinghaswami Bhawan, Ansari Nagar, Post Box.No.4911, New Delhi-110 029.

4 The State of Tamil Nadu Represented by its Secretary, 1/6

Ministry of Health & Family Welfare, Secretariat, Fort St.George, Chennai-600 009 5 The Director, Directorate Of Medical Education, Kilpauk, Chennai-600 010.

6 The Director, Medical And Rural Health Services, Teynampet, Chennai-600 006.

7 The District Collector, Collectorate Of Mayiladuthurai, Mayiladuthurai-609 001.

8 The Superintendent of Police, District Police Office, Mayiladuthruai-609 001.

9 The Joint Director, O/o. Joint Director, Medical and Rural Health Services, Government Periyar Hospital Campus, Mayiladuthruai-609 001.

10 The Inspector Of Police, Kuttalam Police Station, Mayiladuthruai District.

.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th and 5th respondent to consider the representation sent by the petitioner on 20.03.2024 and 22.03.2024 respectively within the time stipulated by the Hon'ble Court. 2/6

For Petitioner : Mr.U.Kathiravan For Respondents : Mr.P.Harish (R4 and R5) Government Advocate

O R D E R

The claim of the petitioner is for a mandamus simplicitor seeking disposal of its representations dated 20.03.2024 and 22.03.2024 within a fixed time frame.

2. The petitioner has arrayed 10 respondents for the reason that the representations have been addressed to all 10 of them. However, the consideration of the prayer, according to the learned counsel for the petitioner, would only have to be by the 4th and 5th respondents, who are the Secretary, Ministry of Health and Family Welfare, State of Tamil Nadu/R4 and Director, Directorate of Medical Education/R5. Notice is hence not issued to any of the other respondents, barring R4 and R5.

3. Mr.P.Harish, learned Government Advocate accepts notice for R4 and R5 and is armed with instructions to enable a final disposal of this Writ Petition, even at the stage of admission. He would submit, on instructions, that the representations have been duly received and are pending consideration.

4. In such circumstances, mandamus is issued to R5 to consider the 3/6

representations of the petitioner, take inputs from the other respondents as is thought necessary, hear the petitioner and dispose representations dated 20.03.2024 and 22.03.2024, strictly in accordance with law and bearing in mind all relevant regulations and orders, within a period of eight (8) weeks from date of receipt of a copy of this order.

5. This Writ Petition is disposed as above. No costs. 03.06.2024 Sl Index:Yes/No Speaking order:Yes To

1. The Union Of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, Department Of Health Research, 2nd Floor, IRCS Building, No.1, Red Cross Road, New Delhi - 110 001.

2 The Union Of India Represented by the Under Secretary to Government, Ministry Of Ayush, (AYUSH) Ayush Bhawan, 'B' - Block, GPO Complex, INA, New Delhi -110 023.

3 The Director, Indian Council Of Medical Research, (ICMR) V.Ramalinghaswami Bhawan, Ansari Nagar, Post Box.No.4911, New Delhi-110 029.

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4 The State of Tamil Nadu Represented by its Secretary, Ministry of Health & Family Welfare, Secretariat, Fort St.George, Chennai-600 009 5 The Director, Directorate Of Medical Education, Kilpauk, Chennai-600 010.

6 The Director, Medical And Rural Health Services, Teynampet, Chennai-600 006.

7 The District Collector, Collectorate Of Mayiladuthurai, Mayiladuthurai-609 001.

8 The Superintendent of Police, District Police Office, Mayiladuthruai-609 001.

9 The Joint Director, O/o. Joint Director, Medical and Rural Health Services, Government Periyar Hospital Campus, Mayiladuthruai-609 001.

10 The Inspector Of Police, Kuttalam Police Station, Mayiladuthruai District.

Dr.ANITA SUMANTH,J.

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