Madras High CourtWP(MD)/18953/2021disposed of

Mohideen Badusha.N v. The State Of Tamil Nadu

2021-10-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.18953 of 2021 and WMP(MD) No.15768 of 2021 Dr.N.Mohideen Badusha Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai - 9.

2.The Registrar, Tamil Nadu Homeopathy Medical Council, Chennai -106.

3.The President, Tamil Nadu Homoepathy Medical Council, Chennai - 106.

4.The Director General of Police, O/o The Directorate General of Police Office, Santhome, Chennai -4.

5.The District Collector, O/o The District Collectorate Office, Thoothukudi, Thoothukudi District.

6.The Superintendent of Police, O/o The Superintendent of Police Office, Thoothukudi District.

7.The Inspector of Police, North Police Station, Thoothukudi -1.

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents 6 & 7 from interfering the professional practise of the petitioner and from taking action on the pretext of Anti-Quackery action against the petitioner in conformity with the Government letter issued by the first respondent in his proceedings Letter No.22715/IM/II-2/2010 dated 15.06.2010.

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For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.K.Sanjai Gandhi Government Advocate(Crl Side)

O R D E R

This Writ Petition has been filed seeking Writ of Mandamus directing the respondents 6 & 7 not to interfer into the profession of medicine that has been undertaken by the petitioner. 2.When the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner is a registered Medical Practisioner in Homeopathy Medicine and the respondent police enquired the petitioner and made frequent visit and investigation also been undertaken and disturbing to the routine and daily professional work.

3.The learned Additional Public Prosecutor would submit that based upon the information that has been gathered from the locality, it has been stated that the petitioner is engaging in Allopathy practice also without any proper permisssion or qualification, on the basis of the above said information, the Additional Director, Health Services was required to make enquiry and during the course of enquiry that has been made by the Additional Director, it was found that the petitioner is not involved in any such Allopathy medical practice and no medicine also was recovered from his Clinic. Based on the above report, further proceedings has been dropped against the petitioner. 4.Since further action has been dropped against the petitioner, nothing survives for further consideration in this petition.

The learned counsel for the petitioner may get the copy of the report from the office of the Additional Public Prosecutor. This petition has become infructuous. Recording the submission made by the learnd Additional Public Prosecutor, this Writ Petition is disposed of as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary to Government,State of Tamilnadu Health & Family Welfare Department, Secretariat, Chennai - 9.