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2016 Supreme(Mad) 3288

P.N.PRAKASH
Private Medical Practitioners Association of India Central Office represented by its President C. S. Agarwal – Appellant
Versus
State of Tamil Nadu represented by the Commissioner and Secretary to Government Health and Family Welfare Department – Respondent


Advocates Appeared:
Mr. R. Marudhachalamurthy, Mr. C. Emalias Addl. Public Prosecutor, Mr. N. Sivabharathi Central Government Counsel
Mr. D. Vengadesh, Mr. T.T. Ravichandran for M/s. Sathish Kumar

ORDER :

While the writ petition has been filed seeking 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, in the case of unqualified medical practitioners, who are members of the petitioner association in the State of Tamil Nadu, the Criminal Original Petitions have been filed seeking to direct the respondent not to harass the petitioners, without following the due process of law.

Cur'd yesterday of my disease,

I died last night of my physician

-PRIOR, The Remedy Worse Than the Disease

2. Persons claiming to have practical experience in modern scientific system of medicine ganged up to form an association titled Private Medical Practitioners' Association of India which appears to have been registered as a society under the Societies Registration Act, 1860, in the office of the Registrar of Societies, Delhi and have filed this writ petition claiming the aforesaid relief.

3. In W.P.M.P. No.10792 of 2006 filed along with this writ petition, they prayed for an order of interim injunction restraining the State of Tamil Nadu and Union of India from enforcing the penal provisions of the










































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