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Madras High CourtWP(MD)/410/2018dismissed

Vijayakumar, S/O.Vellaikkannu v. The District Collector

2018-01-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2018 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.410 of 2018 Vijayakumar .. Petitioner Vs.

1.The District collector Trichy.

2.The Tahsildar Marungapuri Taluk, Marungapuri, Trichy District.

3.The Joint Director of Health Tiruchirappalli, District Health Department, Trichy.

4.The Block Medical Officer Primary Health Centre, Valanadu, Trichy District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to de-seal the medical clinic namely Sree Murugan Clinic at Main Road, Thuvarankurichi - Natham Road, Marungapuri Taluk, Trichy District based on petitioner's representation dated 24.11.2017. For Petitioner : Mr.AN.Ramanathan For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

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O R D E R

This writ petition has been filed seeking a direction to the respondents to reopen the medical clinic namely, Sree Murugan Clinic at Main Road, Thuvarankurichi - Natham Road, Marungapuri Taluk, Trichy District, by removing the seal, based on the petitioner's representation dated 24.11.2017.

2. I have heard the learned counsel for the petitioner and also heard the learned Additional Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, his daughter, namely, V.Prabha, who is a qualified Doctor, is running a clinic, namely, Sree Murugan Clinic, at Main Road, Thuvarankurichi. The same was sealed by the respondents 3 and 4 and hence, the petitioner has filed this Writ Petition.

4. Admittedly, the clinic is said to have been run by the petitioner's daughter and she is a major, but the petitioner's daughter has not come before this Court. Apart from that already a criminal case has been filed against the petitioner under Section 15(3) of Indian Medical Council Act, 1956, stating that the petitioner was practicing Allopathy Medicine in the above clinic, without proper qualification.

5. In the above circumstances, this petition is not maintainable and hence, this writ petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District collector Trichy.

2.The Tahsildar Marungapuri Taluk, Marungapuri, Trichy District.

3.The Joint Director of Health Tiruchirappalli, District Health Department, Trichy.

4.The Block Medical Officer Primary Health Centre, Valanadu, Trichy District.

+1CC to the Special Government Pleader SR.No.41461 W.P.(MD)No.410 of 2018 09.01.2018 https://hcservices.ecourts.gov.in/hcservices/ rm AM/SV MMS/SAR 2/25.01.2018/2P/6C