TIRUVANNAMALAI DISTRICT INDIAN MEDICINE AND HOMEOPATHIC PRACTITIONERS WELFARE ASSOCIATION Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The prayer in the writ petition is to issue a writ of mandamus forbearing the respondents from enforcing the penal provisions of the Indian Medical Council Act, 1956 and the Drugs and Cosmetics Act, 1940, against the members of the petitioner's association and also to direct the 4th respondent to issue identity cards to the members of the petitioner association based on their representation dated 2.11.2009 in terms of the order made in W.P. Nos. 7402 of 1998 batch cases dated 15.6.1998.

(2.) The case of the petitioner is that the petitioner Thiruvannamalai District Indian Medicine and Homeopathic Practitioners Welfare Association was formed in the year 2007 and registered under the Tamil Nadu Societies Registration Act, 1975 with Registration No. 21 of 2007. According to the petitioner, its members are doing medical practice by following the rules and regulations issued by the Government of India as well as the Government of Tamil Nadu. Its members are helping the village and down trodden people by giving treatment, for which they are maintaining registers containing details of the patients, the treatments given to them, the drugs and medicines prescribed to them, etc. It is stated in the affidavit that like-minded associations and individuals earlier approached this Court by filing W.P. No. 7402 of 1998 etc., and prayed for regularisation of the practice of the unqualified Medical Practitioners in Modern Medicine and not to interfere with their right to practice Modern Medicine. This Court passed orders on 15.6.1998 and issued certain directions and the said directions are not implemented for more than ten years. Therefore the petitioner association submitted a representation on 2.11.2009 requesting the 4th respondent to issue identity cards to its members, but till date no action is taken by the 4th respondent. It is also alleged in the affidavit that Private Medical Practitioners Association filed writ petition in W.P. No. 9691 of 2006 and prayed for issuing mandamus forbearing the respondents from taking penal action against its members and interim injunction was granted on 6.4.2006 and the said writ petition is pending. Some of the individual members of the association also filed W.P. Nos. 17482 and 24181 of 2008 and obtained similar interim orders and the said orders are not obeyed. Hence the present writ petition is filed with the above said prayer.

(3.) When the writ petition was posted for admission on 12.2.2010, this Court directed the learned Counsel for the petitioner to produce the list of members of the petitioner association, however, the list of members was not produced in spite of granting adjournments on 22.2.2010, 25.2.2010, 4.3.2010, 11.3.2010, 15.3.2010 and 17.3.2010.