1. Challenge in this writ petition, is to the competence of a Block Medical Officer, who exercised the power under the Tamil Nadu Public Health Act, 1939, and other provisions of the Act, and closed down a Hospital, named "Get Well", Tirukoilur. The Hospital, where treatment was given, began unwell on 11.06.2010, when it was found difficult in meeting out certain defects, alleged to be violations and consequently, sealed. Another proceeding impugned in this writ petition is to the order, rejecting the request of the petitioner to open the hospital.

2. According to the petitioner, he has completed bachelor of Homeopathy Medicine and Surgery from the Tamil Nadu Dr.M.G.R. Medical University, in April' 1998. He has enrolled with the Tamil Nadu Homeopathy Medical Council, a body created under the Homeopathy Central Council Act, 1973. He has also completed his Diploma in Pharmacy and registered with the Tamil Nadu Pharmacy council, a body constituted under the Pharmacy Act, 1948. He is a qualified Doctor, practicing in Indian Medicine and a registered pharmacist. He has been running a Hospital, in the name and style of "Getwell Hospital". Along with him, there were other qualified medical practitioners in the hospital. The Hospital has earned good reputation among the public.

3. That on 11.06.2010, the Block Medical Officer, Primary Health Centre, G.Ariyur, Tirukoilur Taluk, Villupuram District, respondent herein, sealed the premises, alleging violation of Medical Council Act. According to the petitioner, it appears to have been made on the basis of a complaint, which arose out of the death of a person, who had not even taken any treatment from him. According to him, a lady called Bagiyammal, aged about 60 years, in a serious condition, was brought from the bus stand, opposite to his hospital, with acute breathing problems. As she required specialized attention in a highly advanced institution, he advised her to be taken to some other hospital. The petitioner asked the ambulance driver to take the said Bagiyammal to Jawaharlal Nehru Institute of Medical Sciences and research, JIPMER, Pondicherry. It is the case of the petitioner that while taking her from Tirukoilur to Pondicherry, she expired. Thereafter, her body was taken to porikkal village, Tiruvannamalai District. Her relatives alleged as if she died due to his failure and therefore, seemed to have lodged a complaint. On that basis, the respondent has sealed the premises. The petitioner has been enlarged on anticipatory bail by the Criminal Court.

4. The petitioner has further submitted that the averments made in the counter affidavit of the respondent depicts the closed mind of the respondent, towards practitioners of Indian Medicine. According to the petitioner, along with him, there were other qualified medical practitioners, working in the Hospital, which includes, Dr.G.Santhosh Kumar, who has been awarded a degree by the Tamil Nadu Dr.M.G.R. Medical University, in February 2008. The petitioner's wife, Mrs.R.Anusha, a qualified nurse, who had received her nursing training from Lakshmibala Paramedical and Nursing Institute, Tiruvannamalai and registered as a nurse under Tamil Nadu Nurses and Midwives Act, 1926 on 23.07.2001, was also working in the hospital.

5. The petitioner's colleague, R.Indra Gandhi, has been certified as a physiotherapist by Tamil Nadu Dr.M.G.R. Medical University in February, 2009 and another person, Ms.Rathina is a qualified Medical laboratory Technician. She has studied the said course in the very same institute. The said Ms.A.Rathina is duly assisted by D.Menaka, who has received training and qualified herself as a Medical Laboratory Technician (Xray) at NLC Ltd., Neyveli.

6. The petitioner has further submitted that action of the Block Medical Officer, Primary Health Centre, G.Ariyur, Tirukoilur Taluk, Villupuram District, respondent herein, is preventing the petitioner from practicing Indian Medicine, by sealing the Get Well Hospi