Madras High Court
N.Nambirajan vs The District Collector on 8 March, 2011
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/03/2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD).No.10343 of 2010 Writ Petition (MD).No.10344 of 2010 Writ Petition (MD).No.10345 of 2010 Writ Petition (MD).No.10346 of 2010 & M.P.(MD).Nos.1, 1, 1 & 1 of 2010 N.Nambirajan . . Petitioner in W.P.(MD).No.10343/2010 A.Nagappan . . Petitioner in W.P.(MD).No.10344/2010 G.Anantharaj . . Petitioner in W.P.(MD).No.10345/2010 Y.Arunachalam . . Petitioner in W.P.(MD).No.10346/2010 inculcated Vs. 1.The District Collector, Tirunelveli. 2.Superintendent of Police, Tirunelveli District. 3.Deputy Director, Health Services Department, Palayamkottai, Tirunelveli District. 4.Inspector of Police, Veeravanallur Police Station, Tirunelveli District. .. Respondents in W.P.(MD).No.10343/2010 1.The District Collector, Tirunelveli. 2.Superintendent of Police, Tirunelveli District. 3.Deputy Director, Health Services Department, Palayamkottai, Tirunelveli District. 4.Inspector of Police, Vickramasingapuram Police Station, Vickramasingapuram, Tirunelveli District. Respondents in W.P.(MD).No.10344/2010 1.The District Collector Virudhunagar District. 2.Superintendent of Police, Virudhunagar District. 3.Deputy Director, Health Services Department, Sivakasi, Virudhunagar District. 4.Inspector of Police, Alangulam Police Station, Virudhunagar District. . . Respondents in W.P.(MD).No.10345/2010 1.The District Collector, Tirunelveli. 2.Superintendent of Police, Tirunelveli District. 3.Deputy Director, Health Services Department, Palayamkottai, Tirunelveli District. 4.Inspector of Police, Alwarkurichi Police Station, Alwarkurichi, Tirunelveli District. . . Respondents in W.P.(MD).No.10346/2010 Prayer Writ petitions are filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondents and their officials from initiating any action in the name of anti-quackery action against the petitioners. !For Petitioners ... Mr.GR.Swaminathan ^For Respondents ... Mr.K.Balasubramanian Additional Government Pleader :COMMON ORDER
All the writ petitions have been filed by the medical practitioners, who have been registered with the Tamil Nadu Siddha Medical Council and also with the Tamil Nadu Homeopathy Medical Council. The petitioners are having clinic at various places and they also categorically admitted that they are not qualified Allopathy practitioners and they are only registered medical practitioners. They also contended during emergency situation they administer harmless Allopathic medicines. They would further contend that the Government has issued a circular dated 15.06.2010, wherein the Government has instructed the Police Officers in the Districts not to interfere with the practice of registered practitioners of Siddha, Ayurvedic, Unani and Naturopathy, who are registered with the respective councils. They also contend that they are not entitled exclusively to practice allopathy based on the training and teaching where they received in the course and they cannot be treated as quacks, but the police are trying to project them as if they are quacks and are harassing them by filing several criminal cases. Hence, they filed the writ petitions for a Mandamus forbearing the respondents and their officials from initiating any action in the name of anti-quackery action against the petitioners.
2. By consent of parties, the writ petitions are taken up together for final disposal.
3. The learned Additional Government Pleader, by filing a detailed counter would contend that the Government is following the circular, dated 15.06.2010 and whenever the respondents conduct surprise inspection, they would come across some quacks and some persons are doing Allotpathy treatment without required qualification.
4. In respect of the petitioner in W.P.(MD).No.10345 of 2010, in the counter affidavit it is stated that the petitioner was doing allopathic treatment to the general public in and around Alangulam area without proper qualification. A case was registered in Cr.No.79 of 2010 under Section 419 IPC and 15(1)(3) of Indian Medical Council Act, 1956 on the file of Alangulam Police Station. He was arrested and remanded to judicial custody and later on released on bail on 14.06.2010. It was also stated during the course of investigation, the certificate of the petitioner was seized and sent to the Tamilnadu Sidha Medical Council, Arumpakkam, Chennai for their opinion. A report was received, wherein it is stated that the Certificate in question was issued by the Tamil Nadu Sidha Medical Council, but on the basis of the certificate none can perform or indulge in allopathic treatment. On investigation, a final report has also been filed under Section 419 IPC and Section 15(1)(3) of Indian Medical Council Act, 1956 and a case is taken on file. In so far as other cases, the Government has not filed any counter, but the learned Additional Government Pleader would contend that they are only following the circular of the Government, dated 15.06.2010.
5.Heard the learned counsel for the petitioners and the learned Additional Government Pleader for respondents.
6. The only point for consideration in all these writ petitions is that whether the petitioners, who are members of Tamil Nadu Siddha/Homeopathy Medical Council, are harassed by the police under the guise of anti quackery action. In the affidavit filed in support of the petitions, all the petitioners are specifically contended that they are all qualified and also registered members in the respective fields and they also administer harmless allopathic medicines in the case of emergency on the basis of the knowledge acquired during their training. In this connection, this Court is brought to the notice of the circular of the Government dated 15.06.2010 which reads as follows;
"I am also to inform that the High Court of Madras in its order, dated 05.01.2010 in W.P.No.22155 of 2009 and order dated 23.02.2010 in W.P.No.30259 of 2009 has directed to take action against the persons who are practicing medicine without any valid licence. The High Court Madras in its order dated 07.04.2006 in M.P.No.10746 of 2006 and W.P.No.9648 of 2006 has granted interim injunction restraining the Director General of Police from interfering with the professional practice of such of those members who hold valid Registration Certificate issued from the Tamil Nadu Siddha Medical Council.
I am therefore to request you to instruct the Police Officers in the Districts not to intervene with the Practice of Registered Practitioners of Siddha, Ayurveda, Unani and Naturopathy who are registered in the Tamil Nadu Siddha Medical Council and Tamil Nadu Board of Indian Medicine. If any of these ISM Doctors are exclusively doing practice in Allopathy Medicine, names of these Doctors may be intimated to the Council and the Government for taking action against them under the Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act 1997 and Tamil Nadu Board of Indian Medicine Rules. The cases of the Doctors who are already under arrest may be reviewed with reference to the above clarification."
7. Pursuant to this circular of the Government, the Principal Secretary to Government by proceedings, dated 16.06.2010 has sent a letter to the Director General of Police, Chennai stating that the above instructions are also applicable to the Registered Medical Practitioners under Homoeopathy system and he is also requested to follow the instructions issued in the Government letter cited supra in respect of the Registered Practitioners of Homoeopathy also who are registered in the Tamil Nadu Homoeopathy Medical Council.
8. The learned Additional Government Pleader would contend that the Government is only following the Rule and whenever they found persons practicing Allopathy without any required qualification, necessary action would be taken in accordance with law and also by following the procedures contemplated under the circular of the Government, dated 15.06.2010. Therefore, he would submit that there is no violation on the part of the respondents and what ever action taken by the respondents is in consonance with the circular issued by the Government.
9. Though the petitioners sought a Mandamus not to harass them under the guise of anti-quackery action, the learned Additional Government Pleader would submit that necessary actions are taken only as per the circular issued by the Government and there is no violation of law.
10. Insofar as the petitioner in W.P.(MD).No.10345 of 2010 is concerned, a criminal complaint in Cr.No.79 of 2010, under Section 419 IPC and 15(1)(3) of Indian Medical Council Act, 1956 was registered in Alangulam Police Station. Insofar as the other petitioners are concerned, they are reviewed as per the circular issued by the Government. Hence, the apprehension of the petitioners are unwarranted at this stage. Recording the submissions of the learned Additional Government Pleader to the effect that the respondents are strictly following the circular, dated 15.06.2010 issued by the Government, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
jikr To
1.The District Collector, Tirunelveli.
2.Superintendent of Police, Tirunelveli District.
3.Deputy Director, Health Services Department, Palayamkottai, Tirunelveli District. .. 4.Inspector of Police, Veeravanallur Police Station, Tirunelveli District.