Madras High Court
Association Of Acupuncture And vs The State Of Tamil Nadu
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BE F O R E THE MADURAI BE N C H OF MADRA S HIGH COUR T
DATED : 0 8. 0 8 . 2 0 1 9
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARA T HIDA S A N
W.P.(MD)No s . 2 2 3 5 5 of 2 0 1 7 , 3 8 0 5 of 2 0 1 8 , 3 8 0 6 of 2 0 1 8 , 5 3 0 6 of
2 0 1 7 , 1 1 5 0 of 2 0 1 9 , 1 9 8 4 4 of 2 0 1 8 and 1 9 8 4 5 of 2 0 1 8
and
W.M.P.(MD).No s . 1 8 6 6 3 of 2 0 1 7 , 9 6 9 of 2 0 1 9 , 1 7 6 2 2 and 1 7 6 2 3 of
201 8
W.P.(MD)No. 2 2 3 5 5 of 2 0 1 7
Association of Acupuncture and
Natural Therapy (Reg.No.121/2015)
represented by its President,
S.Sivabalan (M-45/17). ... Petitioner
Vs.
1.The State of Tamil Nadu
represented by its Health Secretary,
Health Department,
St. Fort George,
Chennai.
2.The Director General of Police,
Rajaji Salai,
Chennai.
3.The Registrar,
Tamil Nadu Siddha Medicine Council,
http://www.judis.nic.in
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Arumbakkam,
Chennai.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the second and third respondents not to
interfere with practice of the Acupuncture treatment by the members of the petitioner's
Association duly qualified by not entering and harassing the members of petitioner with
a view to stop their practice of the Acupuncture system treatment without following any
due process of law.
For Petitioner : Mr.C.M.Arumugam
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
W.P.(MD)No s . 3 8 0 5 and 3 8 0 6 of 2 0 1 8
V.Arunachalam
Y.Sivakumar ... Petitioners in both W.Ps.
Vs.
1.The Secretary to Government,
Ministry of Health Department,
Fort St. George,
Chennai.
2.The Joint Director,
Health Services,
Tirunelveli District and Tenkasi,
Tirunelveli.
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3.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
4.The Sub Inspector of Police,
Alwarkurichi Police Station,
Alwarkurichi,
Tirunelveli District.
... Respondents in both W.Ps.
Prayer in W.P.No.3805/2018 Writ Petition is filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Mandamus directing the fourth respondent
from initiating any police action by labelling the petitioner as unqualified doctor as the
petitioner is a registered Indian Medical Practitioner and thus ensure the safety of his
profession in the field of Indian system of Medicine in Siddha running in the name of Sri
Sakthi Clinic situated in Pappankulam, Tirunelveli District, consequently direct the fourth
respondent to remove the seal forthwith in the clinic.
Prayer in W.P.No.3806/2018 Writ Petition is filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Mandamus directing the fourth respondent
to remove the seal put forth in the Medical shop of the petitioner and consequently not
to interfere with the peaceful business of pharmacy by the petitioner in Sri Sakthi
Medicals at Pappankulam Village, Tirunelveli District.
For Petitioners : Mr.H.Elango
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
http://www.judis.nic.in
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W.P.(MD)No. 5 3 0 6 of 2 0 1 7
M.Bharath
... Petitioner
Vs.
1.The Inspector of Police,
Panagudi Police Station,
Tirunelveli District.
2.The Deputy Superintendent of Police,
Vallioor,
Tirunelveli District.
3.The Superintendent of Police,
Tirunelveli,
Tirunelveli District.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus forbearing the respondents, their subordinates and
their men or any one acting on their behalf from in any manner interfering with nor
disturb the petitioner's peaceful and lawful business of the petitioner namely Sri Brindha
Spa Massage and Ayurvedha Clinic in 1st Floor, Millenium Tower, Vadakkankulam
Road, Kavalkinaru, Tirunelveli District except by due process of law.
For Petitioner : Mr.S.Prabhu for Mr.Nagarajan
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
http://www.judis.nic.in
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W.P.(MD)No. 1 1 5 0 of 2 0 1 9
Bijesh Thomas
... Petitioner
Vs.
1.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
2.The Inspector of Police,
Kutralam Police Station,
Tirunelveli District.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the respondents or their men, agents not
to interfere with the peaceful conduct of business at RADHA INN PANCHAKARMA &
THERAPY CENTRE situated in 1st floor of Radha in Residence, Near Bus stand,
Kutralam Village, Tenkasi Taluk, Tirunelveli.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
W.P.(MD)No s . 1 9 8 4 4 & 1 9 8 4 5 of 2 0 1 8
A.Mohamed Musthfa
B.Vimala Devi
... Petitioners in both W.Ps.
Vs.
http://www.judis.nic.in
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1.The State of Tamil Nadu
represented by its Secretary to Government,
Home Department,
Fort St. George,
Chennai 600 009.
2.The State of Tamil Nadu
represented 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,
Koodal Pudhur Police Station,
Kodal Nagar,
Madurai 625 018.
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6.The Inspector of Police,
Medical College Police Station,
Medical College Road,
Thanjavur 613 007.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for
the 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 labelling the petitioners as unqualified as they are the
Registered Indian Medical Practitioner and thus ensure the safety of petitioners'
profession in the filed of Indian System of Medicine in Sidha.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
C O MMO N O R DE R
Since the issues involved in the writ petitions are common, all the matters are disposed of by this common order.
2. The grievance of the petitioners is that the petitioners are qualified practitioners in Acupuncture, Siddha and Ayurvedha, and they have also obtained necessary certificates and running the clinics in various places in Tamil Nadu. For running the above treatment centre, no permission is required from any authority. http://www.judis.nic.in 8 Now, the respondents are unnecessarily harassing the petitioners and preventing them from running the clinics.
3. The learned counsel appearing for the respondents would contend that even though the petitioners claiming that they are giving treatment on Acupuncture, Siddha and Ayurvedha, actually they are practicing in Allopathy Medicine without qualification. That apart, now, the Tamil Nadu Clinical Establishments (Regulation) Rules, 2018, came into force and the petitioners should necessarily get a licence from the appropriate authority for practicing Acupuncture, Siddha and Ayurvedha. Admittedly, the petitioners without obtaining any valid licence under the Rule, now running the Clinics, which is not permissible under Law.
4. I have considered the rival submissions and perused the materials available on record.
5. Rule 2(c) of Tamil Nadu Clinical Establishments (Regulation) Rules, 2018, defines “clinic”, which reads as follows:
2(c) “clinic” m e a n s a plac e wh e r e treat m e n t for illne s s is http://www.judis.nic.in 9 offer e d witho ut or with inje ction s , min or op e r atio n s , dre s s i n g , etc., to the patie nt s for ob s e r v a ti o n. It m a y includ e en d o s c o p i c clinic, A Y U S H Clinic or any oth e r e st a bli s h m e n t offering treat m e n t for illne s s e s by us e of m e di cin e s or any thera p y und e r Allop at h y, Sid d h a, Unani, Ayurv e d a , Y o g a and Naturo p at h y or Ho m e o p a t h y (A Y U S H ) or any oth e r G o v e r n m e n t re c o g ni s e d sy s t e m s of M e di cin e .
and which requires registration under the appropriate authorities, and the petitioners without registering under the Rules cannot run a Clinic.
6. In the above said circumstances, the prayer sought for by the petitioners cannot be granted. However, it is always open to the petitioners to approach the competent authority and register them under the Rule. Till they register themselves under the above Rule, the petitioners cannot run the Clinic in Siddha and Ayurvedha.
7. With the above observations, these writ petitions are closed. No costs. Consequently, the connected Miscellaneous Petitions are also closed.
0 8. 0 8 . 2 0 1 9 akv http://www.judis.nic.in 10 V.BHARA T HIDA S A N , J .
akv To
1.The Health Secretary, Health Department, St. Fort George, Chennai.
2.The Director General of Police, Rajaji Salai, Chennai.
3.The Registrar, Tamil Nadu Siddha Medicine Council, Arumbakkam, Chennai.
Order made in W.P.(MD)No s . 2 2 3 5 5 of 2 0 1 7 , 3 8 0 5 of 2 0 1 8 , 3 8 0 6 of 2 0 1 8 , 5 3 0 6 of 2 0 1 7 , 1 1 5 0 of 2 0 1 9 , 1 9 8 4 4 of 2 0 1 8 and 1 9 8 4 5 of 2 0 1 8 Dated: 0 8. 0 8 . 2 0 1 9 http://www.judis.nic.in