S. Balachandran v. K. Sakthi Rajarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.385 of 2009 and M.P.No.1 of 2009 S.Balachandran
...Petitioner
-vs1 K. Sakthi Rajarajan 2 Dr.Sed Sathar 3 Dr.N.Shanmugam 4 Dr.P.Jayakumar 5 Dr.N.Selvaraj 6 The Registrar Aringnar Anna Government Hospital Campus Arumbakkam, Chennai 106.
7 The Drug Controller Tamiil Nadu Drug Control And Administration No.269 Anna Salai, Chennai 2.
8 The Chairman Tamil Nadu Medical Council, T.N.E.B. Complex, 100 Ft. Road, Vadapalani, Chennai-26.
9 The Health Secretary Government of Tamil Nadu, Secretariat, Chennai-9.
10 The Director General of Police, Mylapore, Chennai-4.
11 The Home Secretary, Government of Tamil Nadu, Chennai-9.
12 The Registrar, Tamil Nadu Siddha Medical Council, Saidapet, Chennai.
(R12 impleaded suo motu as per Order dt.28.01.2009 in WP.385/2009)
...Respondents
Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 6 to 11 herein to direct respondents 1 to 5 to produce the necessary qualification certificates and Registration Certificates authorizing and giving permission to practice as Siddha Doctors and to forbear them from practising as Doctors until they produce the concerned certificates to the satisfaction of the respondents. For Petitioner : No appearance For Respondents : No appearance for RR1, 2, 4 to 8 Mr.P.V.Balasubramanian for M/s.BFS Legal for R-3 Mr.S.T.S.Moorthy Govt. Pleader for RR 9 to 12
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges that the private respondents are practising as 'Siddha' doctors without being entitled to do so. On the first date of hearing on 09.01.2009, a direction was issued to the respondent authorities to inform the Court as to under the control of which authority were the Siddha doctors practising, i.e., who could verifiy the factum of entitlement of the private respondents to practice as 'Siddha' doctor. Unfortunately, the respondents have not filed any affidavit.
2.We, thus, consider it appropriate to direct the 9th respondent to communicate to the appropriate authority controlling the Doctors of Siddha medicine to verify the entitlement of the private respondents to carry on their practice. The 9th respondent will do so within two (2) weeks of receipt of the order and the concerned authority to carry out its verification within a maximum
period of two (2) months, after notice to the private respondents. 3.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2009 stands closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sra To 1 The Registrar Aringnar Anna Government Hospital Campus Arumbakkam, Chennai 106.
2 The Drug Controller Tamiil Nadu Drug Control And Administration No.269 Anna Salai, Chennai 2.
3 The Chairman Tamil Nadu Medical Council, T.N.E.B. Complex, 100 Ft. Road, Vadapalani, Chennai-26.
4 The Health Secretary Government of Tamil Nadu, Secretariat, Chennai-9.
5 The Director General of Police, Mylapore, Chennai-4.
6 The Home Secretary, Government of Tamil Nadu, Chennai-9.
7 The Registrar, Tamil Nadu Siddha Medical Council, Saidapet, Chennai.
1 CC to M/s.BFS Legal, Advocate SR.No. 4230 1 CC to the Government Pleader, SR.No. 4266 W.P.No.385 of 2009 PPA (CO) PSI (10.02.2015)