S. P. Viswanathan the petitioner herein calling himself as a private practitioner in the field of alternative medicine and allopathic medicine having his private practice at two places at Tirupur in the name and style of Vijay Clinic, having aggrieved over the impugned order passed by the Sub-Divisional Magistrate and Sub-Collector, Tirupur, Coimbatore District dated 5-10-98 under Sections 133 and 141, Cr.P.C. directing the closure of the petitioner's clinics has filed this application for quashing the said order under Section 482, Cr.P.C.

2. According to the petitioner, he is a member in a registered association known as Private Modern Medical Practitioner Association, having its registered office at Old Washermanpet, Chennai. At the instance of one Indian Medical Association, Tirupur, the Sub-Divisional Magistrate and Sub-Collector, Tirupur, the first respondent herein, initiated proceedings against the petitioner and passed a conditional order for stoppage of both the clinics belonging to the petitioner and issued a show cause notice to him by order dated 7-9-98. Since on 7-9-98, the petitioner was not at the situation, he sent a telegram to the first respondent seeking for an adjournment. Accordingly, it was adjourned to 17-9-98 through the communication dated 14-9-98. On 17-9-98, the petitioner appeared before the first respondent and furnished particulars relating to his private practice for the past 20 years and also other documents relating to his profession. But, despite that, the first respondent passed a final order dated 5-10-98 directing the closure of his two clinics and accordingly, the clinics were closed on 16-10-98.

3. Mr. Ashok Kumar, the learned counsel appearing for the petitioner, while challenging the impugned order, would submit that there are totally 82 unqualified medical practitioners in and around Tirupur itself and that when that being so, the kind of vindictive action taken against the petitioner alone is not permissible under law, as it is against the direction given by the High Court.

4. Mr. Sridhar the learned counsel appearing for the first respondent, produced all the records before this Court, which were perused and considered by the first respondent before passing the impugned order.

5. On seeing the above records, the following factors would emerge :-

(a) The petitioner calling himself as Dr. S. P. Viswanathan is holding a certificate of degree as Doctor of Medicine (Traditional Medicine) purported to have been issued by the Open International University for Complementary Medicines in March, 1995. When it was enquired, the World Health Organisation by letter dated 22-10-96 would state that the Open International University for Complementary Medicines has not been established and is in no way associated with the World Health Organisation and the same has not been given any recognition by the World Health Organisation. Again through letter dated 22-8-97, the World Health Organisation addressed to the Indian Medical Association at Trichy, informed them that the Open International University of Sri Lanka was never recognised by the World Health Organisation.

(b) On 3-8-98, the Quackery Eradication Committee of the Indian Medical Association through its Chairman sent a letter to the first respondent, the Deputy Collector, Tirupur reporting that the petitioner Viswanathan putting the word 'Dr.' in front of his name is in violation of earlier order of the High Court practising allopathic medicine and requesting to take action.

(c) Similar letters were sent by the President and Secretary of the said Association, Tirupur Branch reporting that the petitioner is carrying on allopathic practice and using the drugs which are highly injurious to the health of public.

(d) Therefore on 7-9-98, the first respondent passed an additional order for stoppage of the occupation of the petitioner under Section 133, Cr.P.C. within three days and to appear before him on 11-9-98 to show cause as to why t