M.Johnson, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.21184 of 2017 W.M.P.No.22081 of 2017 M.Johnson ... Petitioner Vs.
1.The State of Tamilnadu, Rep by its Secretary to Government, Home Department, Fort St. George, Chennai-600 009.
2. The State of Tamil Nadu Rep by its Commissioner and Secretary to Government Health and Family Welfare Department, Fort St., George, Chennai - 600 009.
3. The Director of General of Police, Kamarajar Road, Mylapore, Chennai - 600 004.
4. The Registrar, Tamil Nadu Board of Indian Medicine, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai - 600 0106.
5. The Inspector of Police, High School Road, Daikanikotta, Krishnagiri, Pincode - 635 107.
... Respondents Prayer : This petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus forbearing the Director General of Police, Kamarajar Road, Mylapore, Chennai - 600 004, namely the third respondent herein from initiating any
police action by labelling the petitioner as unqualifed as he is a Registered Indian Medical Practitioner and thus ensure the safety of his profession in the field of Indian System of Medicine in Ayurvedha at High School Road, Erudukottai Post, Daikanikotta Taluk, Krishnagiri District, Pincode - 635 107. For Petitioner : Mr.D.Ashok Kumar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor.
ORDER
This Writ Petition has been filed for a Writ of Mandamus to forbear the the third respondent from initiating any police action by labelling the petitioner as unqualifed and thus ensure the safety of his professions in the field of Indian System of Medicine in Ayurvedha.
2. It is the case of the petitioner that he has registered his name as Ayurvedic Medical Practitioner in the respective Medical Council and he is practicing only in the field of Ayurvedha and not in Allopathic medicine. However, the respondents are labelling the petitioner as unqualified and they are threatening legal action, thereby affecting the rights of the petitioner to do his profession in his respective field, viz., Ayurvedha. In the affidavit filed in support of the writ petition, the petitioner has stated that he cannot practice Allopathy and he has no inclination whatsoever to practice in Allopathic medicine.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. In the light of the said assurance given in the affidavit filed in support of the writ petition, the writ petition is disposed of directing the respondents to permit the petitioner to practice in his field, viz, Ayurvedhic medicine alone. So long as the petitioner is practicing in his respective mode of medicine, viz., Ayurvedha, the third respondent and the police officials are restrained from initiating any action against him. However, it is open to the third respondent or his officials to verify and find out whether
the petitioner is practicing in other field, viz., Allopathy and if the petitioner is practicing in Allopathic field, it is open to the police officials to initiate action against such of the petitioner in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, State of Tamilnadu, Home Department, Fort St. George, Chennai-600 009.
2. The Commissioner and Secretary to Government, State of Tamil Nadu Health and Family Welfare Department, Fort St., George, Chennai - 600 009.
3. The Director of General of Police, Kamarajar Road, Mylapore, Chennai - 600 004.
4. The Registrar, Tamil Nadu Board of Indian Medicine, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai - 600 0106.
5. The Inspector of Police, High School Road, Daikanikotta, Krishnagiri, Pincode - 635 107.
6. The Public Prosecutor, High Court, Madras.
+1cc to M/S.D.Ashok Kumar, Advocate Sr.25610 W.P.No.21184 of 2017 W.M.P.No.22081 of 2017 kan[co] srg 03/04/2019