Alternative Medical v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI against WP(MD)No.21628 of 2018 Alternative Medical Practitioners Association Rep. by its President, Dr.N.Selvam :Appellant/Petitioner Vs.
1.The Secretary, Ministry of Health and Family Welfare, New Delhi.
2.The Secretary Dept. of Health and Family Welfare, Secretariat, St. George Fort, Chennai.
3.The Director, Directorate of Indian Medicine & Homeopathy (AYUSH) Arumbakkam, Chennai.
4.The Registrar, Tamil Nadu Siddha Medical Council Arumbakkam, Chennai.
5.The Director General of Police, Chennai.
6.The District Collector, Kanyakumari District.
Kanyakumari.
: Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order of this Court in W.P.(MD) No.21628/2018 dated 19.12.2019.
Prayer in WP.No.21628 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents herein not to interfere with the practice of Alternative System of 1/3
Medicine by the Members of the petitioner's Association duly qualified by not entering and harassing the members of his Association with a view to stop their practice of the Alternative System of Medicine without following due process of law on the basis of his representation dated 01.10.2018.
For Petitioner : Mr.N.Anandakumar For Respondents : Mr.V.Malaiyendran for R1 Central Government Standing counsel Mr.R.Sethuraman for R2, R3, R5 and R6 Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by P.N.PRAKASH,J.) In the opinion of this Court, a blanket prayer for a direction as sought for by the appellant in the writ petition cannot be granted, inasmuch as if the members of the appellant association are found to have violated the penal law, they will have to face the music. If such a mandamus as prayed for by the appellant in the writ petition is accepted, it will be a cloak for the members of the appellant Association to escape from the clutches of law. That apart, earlier, the appellant had filed W.P(MD) No.20623/2018, which came to be dismissed as withdrawn by the appellant vide order dated 27.09.2018 without granting any liberty to file a fresh writ petition. Thereafter, the appellant filed another writ petition in W.P.(MD) No.21628/2018, which was also dismissed. The appellant cannot file another writ petition for the same cause of action. We have no reasons to disagree with the reasonings given by the learned single Judge. Hence, on the aforesaid two grounds, the writ appeal stands dismissed. No costs.
Sd/- Assistant Registrar (C.S.II) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Ministry of Health and Family Welfare, New Delhi. 2.The Secretary, Dept. of Health and Family Welfare, Secretariat, St. George Fort, Chennai.
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3.The Director, Directorate of Indian Medicine & Homeopathy (AYUSH) Arumbakkam, Chennai.
4.The Registrar, Tamil Nadu Siddha Medical Council, Arumbakkam, Chennai. 5.The Director General of Police, Chennai.
6.The District Collector, Kanyakumari District, Kanyakumari.
+1cc to Mr.V.Malaiyendran, Advocate SR.No.11664 +1cc to Mr.N.Anandakumar, Advocate Sr.No.12119 AKM/07.05.2020 /2P-9C/ Order made in 3/3