Madras High Court
Dr.King Narcissus D.H.M.S vs The Ministry Of Health And Family ... on 8 April, 2020
Author: N.Kirubakaran
Bench: N.Kirubakaran, R.Hemalatha
W.P.No.7451 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.No.7451 of 2020
Dr.King Narcissus D.H.M.S., (Reg.No.133A)
S/o.Dr.B.A.Kanikkaraj,
Dr.Kanikkaraj Homoepathy Clinic,
S.P.Complex,
No.34, Kuppusamypuram 2nd Street,
Dharapuram Road,
Tirupur – 641 604
Mobile No.98422 99339
e.mail id: [email protected]
... Petitioner
Vs
1.The Ministry of Health and Family Welfare,
Rep. by its Secretary,
Nirman Bhavan,
New Delhi 110 011.
2.The Ministry of AYUSH,
Rep. by its Secretary,
AYUSH Bhavan,
GPO Complex,
New Delhi 110 023.
3.The Government of Tamil Nadu,
Rep. by its Secretary,
Department of Health and Family Welfare,
Secretariat, Chennai 600 009.
http://www.judis.nic.in
1/6
W.P.No.7451 of 2020
Email id: [email protected]
Phone: 044-25671875
4.The Director,
Directorate of the Indian Medicine and Homeopathy,
Arignar Anna Government Hospital Campus,
Arumbakkam, Chennai 600 106.
Email id: [email protected]
Phone:044-26216244 & 2621 4844
... Respondents
PRAYER : Writ petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the 3rd respondent to adopt
Homeopathy Medicine Arsenicum Album 30 as prophylactic Medicine in order
to boost up immunity system against the Corona virus infection and thereby
direct the 4th respondent to distribute the medicine as a preventive measure
from the infection of the Corona Virus in the prescribed dose as per protocol of
the Government of India, Ministry of AYUSH to the General Public, namely,
Arsenicum Album 30-4 (four) pills once daily in empty stomach for 3 (three)
days. The does may be repeated after 1(one) month by following the same
schedule in case Corona Virus infection prevailed in the community by
considering the representations dated 29.01.2020 and 05.03.2020 within the
time stipulated by this Hon'ble Court.
For Petitioner :M/s.P.S.Kothandaraman
http://www.judis.nic.in
2/6
W.P.No.7451 of 2020
ORDER
(Order of the Court was delivered by N.KIRUBAKARAN, J) Mr.P.H.Arvind Pandian, learned Additional Advocate General assisted by Mr.A.N.Thambidurai, learned Special Government Pleader and Mr.C.V.Sailendhran, learned Government Advocate takes notice on behalf of the respondents 3 and 4. Mr.V.Chandrasekaran, learned Senior Panel Counsel takes notice for the respondents 1 and 2.
2. It is the contention of the petitioner that he is a Homeopathy Practitioner and he retired from Government Services and thereafter, he is continuing the practice. The petitioner gave a representation to the Government of India on 29.01.2020, to consider and adopt Homeopathy Medicine namely, 1.GELSEMIUM, 2.RHUS TOXCODENDRON and
3.ANTIMONIUM TARTARICUM known as Tartar emetic to cure mild cases with upper respiratory infection and other health hazards of the Corona Virus. According to him, Arsenicum Album 30 can be used to boost immunity system against the Corona Virus. According to him, the Government of Manipur and Telengana have prescribed this Medicines. Therefore, he requests the third respondent to adopt the said Medicine to boost immunity system as per his representation dated 29.01.2020 and 05.03.2020. http://www.judis.nic.in 3/6 W.P.No.7451 of 2020
3. Heard P.S.Kothandaraman, learned counsel and Mr.P.H.Arvind Pandian, learned Additional Advocate General.
4. Mr.P.H.Arvind Pandian, learned Additional Advocate General would submit that Technical Committee of Health Department is considering these kind of claims.
5. Therefore, the petitioner is directed to appear before the Technical committee appointed by the Health Department, Government of India and explain the medicinal properties of the Medicines and convince the Authorities. Based on the explanation/representation, the Committee is to take decision at the earliest. Accordingly, this Writ Petition is closed. No costs.
(NKKJ) (RHJ)
08.04.2020
mbi
http://www.judis.nic.in
4/6
W.P.No.7451 of 2020
To
1.The Ministry of Health and Family Welfare, Rep. by its Secretary, Nirman Bhavan, New Delhi 110 011.
2.The Ministry of AYUSH, Rep. by its Secretary, AYUSH Bhavan, GPO Complex, New Delhi 110 023.
3.The Government of Tamil Nadu, Rep. by its Secretary, Department of Health and Family Welfare, Secretariat, Chennai 600 009.
Email id: [email protected] Phone: 044-25671875
4.The Director, Directorate of the Indian Medicine and Homeopathy, Arignar Anna Government Hospital Campus, Arumbakkam, Chennai 600 106.
Email id: [email protected] Phone:044-26216244 & 2621 4844 http://www.judis.nic.in 5/6 W.P.No.7451 of 2020 N.KIRUBAKARAN, J.
and R.HEMALATHA, J.
mbi W.P.No.7451 of 2020 Dated : 08.04.2020 http://www.judis.nic.in 6/6