R.Akbar Basha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2015 CORAM :

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition (MD) No.1667 of 2015 R.Akbar Basha ...

Petitioner Vs.

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.

5.The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Trichy, Trichy District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the Director General of Police Kamarajar Road Chepauk Chennai -600 005 namely the 3rd respondent herein from initiating any police action by labeling the petitioner as unqualified as he is a Registered Indian Medical Practitioner and thus ensure the safety of his profession in the filed of Indian System of Medicine in Ayurvedha.

For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.M.Murugan, Government Advocate.

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ORDER

The case of the petitioner is that the respondents without authority of law are interfering with lawful activity of practising Ayurvedha medicine.

2.A counter affidavit has been filed by the fifth respondent stating that the petitioner is not carrying out his profession within its jurisdiction. The petitioner has been practising within the jurisdiction of the Inspector of Police, Palakkarai, Trichy who is not arrayed as party.

3.In view of the above said submission, the writ petition is dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. It is always open to him to take appropriate action in the event of any alleged threat. No costs. Consequently, M.P (MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department, State of Tamil Nadu, 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 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.

5.The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Trichy, Trichy District +1cc to Special Govt.Pleader SR.No.17386 Writ Petition (MD) No.1667 of 2015 06.04.2015 sms PA/15.04.2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/