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2021 Supreme(Mad) 1368

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SANJIB BANERJEE, P.D. AUDIKESAVALU, JJ.
P.A. Josseph & Another - Petitioners
Versus
The Secretary, Ministry of Ayush, New Delhi & Others - Respondents
W.P. No. 11653 of 2021 & W.P.(MD) No. 8206 of 2021
Decided On : 02-08-2021

Advocates Appeared:
For the Petitioners:K.G. Senthil Kumar, Advocate.
For the Respondents:R. Shankaranarayanan, Additional Solicitor-General assisted by Rajesh Vivekanandan, SPC, R. Shunmugasundaram, Advocate-General assisted by Shabnam Banu, Government Advocate, Y. Kavitha for M/s. Giridhar & Sai, Advocates.

Headnote:

Constitution of India ,1950 - Article 226 - Mandamus - Allot sufficient funds - Covid-19 patients - Proper inpatient facility ambience - Require highly sophisticated infrastructure - Writ of Mandamus directing respondents 1 to 3 to establish immediately number of special hospitals with Siddha and Homeopathy doctors / practitioners in all primary health centres in Tamil Nadu for treating Covid-19 patients based on his representation - As these two systems do not require highly sophisticated infrastructure as well as para-medical manpower - Respondents to allot sufficient funds to set up an exclusive Siddha Treatment Facilities Centre for Covid-19 with proper inpatient facility ambience in every district of State of Tamil Nadu – Held, A status report has been filed by Health Secretary - However, day and month of have been left blank in report - Hoped that such casualness does not reflect the manner in which State treats Siddha form of medicine - A status report has been filed by Health Secretary - However, day and month of have been left blank in report. - It is hoped that such casualness does not reflect manner in which State treats Siddha form of medicine – Writ Petitions disposed of

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: W.P.No.11653 of 2021 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to establish immediately number of special hospitals with Siddha and Homeopathy doctors / practitioners in all primary health centres in Tamil Nadu for treating the Covid-19 patients based on his representation dated 29.04.2021 as these two systems do not require highly sophisticated infrastructure as well as para-medical manpower.

W.P.(MD) No.8206 of 2020 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to allot sufficient funds to set up an exclusive Siddha Treatment Facilities Centre for Covid-19 with proper inpatient facility ambience in every district of the State of Tamil Nadu.)

1. The petitioner seeks the setting up of exclusive Siddha treatment centres to tackle the Covid cases.

2. Fortunately, the second surge may have subsided though the trend over the last two or three days shows increasing infections and the figures are alarming as to the number of positive cases in a neighbouring State.

3. A status report has been filed by the Health Secretary. However, the day and month of the year 2021 have been left blank in the report. It is hoped that such casualness does not reflect the manner in which the State treats the Siddha form of medicine.

4. The report indicates that 64 Siddha Covid Care Centres were set up together with three Ayurveda Covid Care Centres, one Unani and one Homeopathy Centres. In addition, 10 Yoga and Naturopathy Covid Care Centres were set up as part of the Indian system of medicine Covid Care Centres.

5. According to the report, under the Arrokyam special scheme, Siddha medicines, such as Kabasura Kudineer, Nilavembu Kudineer, Amukkara Choornam and Nellikai Leghyam, have been distributed to patients as immune boosters, in addition to Arsenic Album 30c as suggested by homeopathy doctors.

6. Since the State is alive to the alternative form that the Siddha treatment propagates and adequate Covid Care Centres to cater to the demands of those following such system of medicine have been set up, nothing further requires to be done.

W.P.No.11653 of 2021 and W.P.(MD) No.8206 of 2020 are disposed of. There will be no order as to costs.

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