B.Navin Kumar v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Dr.B.Navin Kumar Ammu Clinic, Barigai Main Road, Athimugam, Krishnagiri District.
Appellant(s) Vs
1. The Registrar Tamil Nadu Homoeopathy Medical Council, Arumbakkam, Chennai - 600106.
2.The President, Tamil Nadu Homoeopathy Medical Council, Arumbakkam, Chennai - 600106.
3.The District Collector, O/O The District Collector, Krishnagiri District.
4.The Deputy Superintendent of Police O/O The Deputy Superintendent of Police, Krishnagiri District.
5.The Joint Director of Health Services Krishnagiri, Krishnagiri District.
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6.The Revenue Tahsildar Shoolagiri Taluk, Krishnagiri.
7.The Inspector of Police Barigai, Krishnagiri District.
Respondent(s) PRAYER This writ petition has been filed under article 226 of the Constitution of India to issue a Writ of Mandamus forbear the 6th and 7th respondents from interfering with the petitioner's profession of practising Homeopathy Medicine at Ammu Clinic situated at Barigai Main Road, Athimugam, Krishnagiri District and by considering the petitioner's representation dated 10.06.2025 . For Appellant(s):
M/s.H.Mohammed Imran for M/s. Ajmal Associates For Respondent(s):
M/s. J. Saravana VelFor R1 And R2 Mr. K.M.D.Muhilan, Addl. Pubic Prosecutor For R3 To R7
ORDER
This writ petition has been filed seeking a direction to the respondents 1 to 5 to restrain the respondents 6 and 7 from interfering with the petitioner's profession.
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2. According to the petitioner, the police are interfering with his practice of Homeopathy Medicine under the name of Ammu clinic . It is further submitted that he is ready and willing to file an undertaking affidavit before the competent authorities, affirming that he will not practice any system of medicine other than homoeopathy.
3. Heard both sides and perused the materials available on records carefully.
4. This Court, in a batch of similar petitions in W.P.(MD)Nos.10041 of 2017, etc., had already considered the same issue and passed a detailed order on 28.01.2025. The relevant portion of the order reads as follows:- " 24. A person can practice only the system of medicine for which, he/she has a degree/recognized qualification under the concerned Medical Council of India. The Medical Council of India crossed 1.1.3 prohibits the allopathic practitioners to prescribe Aurvedic or Homeopathic drugs. Further, no person other than a Doctor having qualification recognized by the 3/7
Medical Council of India and registered with the Medical Council of India/State Medical Council is allowed practice Modern system of Medicine or surgery. Likewise the Government forbids the Doctors of Ayush system of medicine from prescribing/administering Allopathic medicine. Therefore, who are qualified and registered in the Indian System of Medicine, they are only allowed to practice the system of medicine on which they have been entitled. Further, they are also not eligible to practice other system of medicine other than the registered qualification of theirs. The person who registered in Ayush council can only practice the system of medicines which comes under the control of Ayush and they cannot practice Allopathy, if registered with Ayush Council.
25. Therefore, the members of the petitioner in W.P.(MD) No.10041 of 2017 cannot practice Allopathy system of medicine as a matter of right, but its members are entitled only to practice Homeopathy and licence has also been issued to that effect only. That apart, on receipt of the representation from the petitioner's Association in W.P.(MD) No.10041 of 2017, the same was considered by the authority concerned and directed the police personnel not to harass the genuine, qualified, registered 4/7
Homeopathy Doctors and the same was also duly communicated to it. If any bogus medical practitioners are practising without any valid licence, they are liable to be punished and if any complaints received by the police, therefore, it is open to the police authorities to take appropriate action on receipt of the said complaint.
5. In view of the said order, the petitioner is directed to file an undertaking affidavit and in the event of any violation, it shall be open to the police to take appropriate action on receipt of a complaint as directed by the earlier order.
6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. 03-09-2025 mrp 5/7
To 1.The Registrar Tamil Nadu Homoepathy Medical Council, Arumbakkam, Chennai - 600106.
2.The President, Tamil Nadu Homoepathy Medical Council, Arumbakkam, Chennai - 600106.
3.Revenue and Disaster Management Department O/O The District Collector, Krishnagiri District.
4.The Deputy Superintendent of Police O/O The Deputy Superintendent of Police, Krishnagiri District.
5.The Joint Director of Health Services Krishnagiri District.
6.The Revenue Tahsildar Shoolagiri Taluk, Krishnagiri.
7.The Inspector of Police Barigai, Krishnagiri District.
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N.SATHISH KUMAR J.
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