P.Devasahayam v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2018
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.30829, 30836,30839,30843 & 30846 of 2018 and W.M.P.Nos.35973,35984,35987,35992 & 35995 of 2018 P.Devasahayam
...Petitioner in W.P.No.30829/18
M.Duraisamy
...Petitioner in W.P.No.30836/18
A.Ravi
...Petitioner in W.P.No.30839/18
T.Selvaraj
...Petitioner in W.P.No.30843/18
S.Vijayakumar
...Petitioner in W.P.No.30846/18
-Vs1.The State of Tamil Nadu 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 General of Police, Kamarajar Road, Chepauk, Chennai -600 005.
4.The Registrar, Tamil Nadu Board of Indian Medicine, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai - 600 106.
... Respondents in all 5 W.Ps.
Pollachi West Police Station, Pollachi - 642 001.
...5th Respondent in W.P.No.30829/18
Anthiyur Police Station, Erode District-638 501. ...5th Respondent in W.P.No.30836/18 New Town Police Station, Cuddalore District-607 001.
...5th Respondent in W.P.No.30839/18 Mela Salai Police Station, Nagapattinam District-609 801.
... 5th Respondent in W.P.No.30843/18 Suramangalam Police Station, Salem District-609 801.
... 5th Respondent in W.P.No.30846/18 Common Prayer: Writ petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the Director General of Police, Kamarajar Road, Chepauk, Chennai - 600 005, namely the third respondent herein from initiating any police action by labeling petitioner as unqualified as petitioner is the Registered Indian Medical Practitioner and thus ensure the safety of the petitioner's profession in the filed of Indian System of Medicine in Ayurvedha/Ayurvedha/Siddha/Ayurvedha/Siddha respectively. For Petitioner : Mr.R.Suresh Babu in all W.Ps For R3 & R5 : Mr.M.Mohamed Riyaz Additional Public Prosecutor in all W.Ps C O M M O N O R D E R The relief sought for in these petitions cannot be granted by this Court since an omnibus relief is sought for against the police not to initiate any action or label the petitioner as a unqualified medical practitioner. Such an omnibus relief can never be granted by this Court. 2.This Writ Petition is disposed of by giving liberty to the petitioner to workout his remedy as and when any
individual complaints are made against the petitioner or the petitioner is put to harassment by any police in the name of enquiry, in spite of the petitioner possessing necessary qualification to practice medicine. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsa/rri To 1.The State of Tamil Nadu 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 General of Police, Kamarajar Road, Chepauk, Chennai -600 005.
4.The Registrar, Tamil Nadu Board of Indian Medicine, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai - 600 106.
Pollachi West Police Station, Pollachi - 642 001.
6.The Inspector of Police, Anthiyur Police Station, Erode District-638501.
7.The Inspector of Police, New Town Police Station, Cuddalore District-607001.
8.The Inspector of Police, Mela Salai Police Station, Nagapattinam District-609 801.
9.The Inspector of Police, Suramangalam Police Station, Salem District-609 801.
10.The Additional Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Suresh Babu, Advocate sr.no.82780 W.P.Nos.30829, 30836,30839,30843 & 30846 of 2018 and W.M.P.Nos.35973,35984,35987,35992 & 35995 of 2018 nr 13/12/2018