Indian Natural Therapy Council (Intc) v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Eighth day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K.KUMARESH BABU in WP(MD). No. 22808 of 2017 Indian Natural Therapy Council (Intc) Rep. by its Chairman Dr.S.
Venkatachalam 29/9a Old Trunk Road(Near Dsp Office) Sattur-626203 Virudhunagar District ... Petitioner Vs 1 The Secretary, Dept. of Health and Family Welfare Secretariat St. George Fort Chennai-9 2 The Director Directorate of Indian Medicine and Homeopathy (Ayush) Arumbakkam Chennai-106 3 The Registrar Tamil Nadu Siddha Medical Council Arumbakkam Chennai-106 1/5
4 The Director General of Police, Chennai-106 5 Union of India Rep. by Secretary Govt. of India Ministry of Health and Family Welfare Nirman Bhawan New Delhi (Respondent 5 is Suo Motu Impleaded Vide Court Order dated 21.02.2018) ..Respondent Prayer :- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to modity the order of this Honble court dated 05.12.2024 and issue a Writ of Mandamus, directing the Respondents 1 and 5 herein to consider the petitioners representation dated 05.12.2017, and pass appropriate orders directing the respondents 2 to 4 not to interfere with the practice of alternative System of Medicine by the duly qualified members of the petitioner Association (INTC), by unnecessarily entering into their Clinics and harassing the membes of petitioner association with a view to stop their practice of the Alternative System of Medicine without following due process of law.
WP(MD) No. 22808 of 2017;- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the Respondents herein to consider the petitioner's 2/5
representation dated 05.12.2017, and pass appropriate orders directing the respondents 2 to 4 not to interfere with the practice of Alternative system of Medicine by the members of the petitioner association duly qualified by not entering and harasing the members of petitioner Association with a view to stop their practice of the Alternative system of Medicine without following due process of law. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.S. Govinda Prasad Advocate for the Petitioner and of Mr.N. Ramesh Arumugam Government Advocate for R1 and R3, and of Mrs. M. Aasha Government Advocate (Crl Side) for R4, and of Mr.P. Subbiah CGSC for R5 and, this court made the following order:
The present application has been filed to modify the order of this Court dated 05.12.2024 and to direct the respondents 1 and 5 herein to consider the petitioner's representation dated 05.12.2017.
2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this application. He has 3/5
also made an endorsement to that effect.
3. It is the case of the petitioner that the third respondent is not the proper authority to consider the representation made by the petitioner. Even though this Court had recorded in the order dated 05.12.2024 that the petitioner is at liberty to challenge the order made by the third respondent, considering the fact that the proper authority would be the first respondent, this application stands dismissed as withdrawn with liberty to the petitioner to submit a representation before the first respondent within a period of two weeks from today and on receipt of such representation, if any, the first respondent shall pass appropriate orders on merits and in accordance with law after providing an opportunity of hearing to the petitioner within a period of 12 weeks thereafter by considering the documents to be submitted by the petitioner before him.
Sd/- Assistant Registrar ( CS-III) // True Copy // /02/2025 Sub Assistant Registrar (CS- I, II, III, IV) mm 4/5
TO
1. The Secretary, Dept. of Health and Family Welfare Secretariat St. George Fort Chennai-9
2. The Director Directorate of Indian Medicine and Homeopathy (Ayush) Arumbakkam Chennai-106
3. The Registrar Tamil Nadu Siddha Medical Council Arumbakkam Chennai-106
4. The Director General of Police, Chennai-106
5. Union of India Rep. by Secretary Govt. of India Ministry of Health and Family Welfare Nirman Bhawan New Delhi (Respondent 5 is Suo Motu Impleaded Vide Court Or ORDER DATED : 28/01/2025 ==========================
ORDER
========================== in WP(MD). No. 22808 of 2017 VN (05/02/2025) 5 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5