Madras High CourtWP(MD)/22808/2017dismissed

Indian Natural Therapy v. The Secretary,

2024-12-05Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.19103 of 2017 Indian Natural Therapy Council (INTC), represented by its Chairman, S.Venkatachalam ... Petitioner /vs./ 1.The Secretary, Dept of Health and Family Welfare, Secretariate, St.George Fort, Chennai 600 009.

2.The Director, Directorate of Indian Medicine and Homoeopathy (Ayush), Arumbakkam, 3.The Registrar, Tamil Nadu Siddha Medical Council, Arumbakkam, 1/5

4.The Director General of Police, 5.Union of India, rep by Secretary, Government of India, Ministry of Healthy and Family Welfare, Nirmal Bhawan, New Delhi.

(R5 has been suo motu impleaded vide order dated 21.02.2018) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents herein to consider the petitioner's 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 harassing the members of Petitioner Association with a view to stop their practice of the Alternative system of Medicine without following due process of law.

For Petitioner : Mr.S.A.Ganapathy Raman For R1 to R3 : Mr.N.Ramesh Arumugam Government Advocate For R4 : Mrs.M.Aasha For R5 : Mr.P.Subbiah 2/5

ORDER

The writ petition has been filed for a direction to the respondents to consider the representation of the petitioner 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 by not entering and harassing them.

2. When the matter was taken up today, the learned Government Advocate appearing on behalf of the respondents 1 to 3 had produced a communication of the third respondent dated 19.12.2017, wherein the representation of the petitioner dated 05.12.2017 had been considered by him directing the petitioner to get appropriate approval from the respective Councils. The said communication had also been sent to the petitioner by registered post on 20.02.2017.

3. In view of the same, the Writ Petition stands dismissed as infructuous. However, if the petitioner wants to challenge the said communication, if they are so advised, it is open to them to challenge the said communication. 3/5

However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 05.12.2024 Internet : Yes / No mm To 1.The Secretary, Dept of Health and Family Welfare, Secretariate, St.George Fort, Chennai 600 009.

2.The Director, Directorate of Indian Medicine and Homoeopathy (Ayush), Arumbakkam, 3.The Registrar, Tamil Nadu Siddha Medical Council, Arumbakkam, 4.The Director General of Police, 4/5

K.KUMARESH BABU, J.

mm 05.12.2024 5/5