Allowed

Indian Natural Therapy Council (Intc) v. the Secretary

Madras HC17 Aug 2021WMP(MD)/9279/2021

Case brief

AI extract

What is this about?

This order allows the restoration of a dismissed writ petition on the basis of the petitioner's chronic illness and subsequent hospital discharge summary, set-aside the default dismissal order, and lists the petition for further hearing.

What did the court decide?

Petition for restoration allowed; dismissal order dated 10.12.2020 set aside; WP(MD).No.22808 of 2017 restored and listed for hearing on 07.09.2021.

Indian Natural Therapy Council (Intc) Vs the… — Civil Procedure and Limitation | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Tuesday, the Seventeenth day of August Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY

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WMP(MD). No.9279 of 2021 in WP(MD).NO.22808 of 2017

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Indian Natural Therapy Council (Intc) Rep. by its Chairman Dr.S.Venkatachalam 29/9A Old Trunk Road(Near DSP Office) Sattur-626203 Virudhunagar District

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... Petitioner/Petitioner Vs 1 The Secretary, Dept. of Health and Family Welfare Secretariat St. George Fort Chennai-9 2 The Director Directorate of Indian Medicine and Homeopathy (Ayush), Arumbakkam, Chennai-106 3 The Registrar Tamil Nadu Siddha Medical Council Arumbakkam, Chennai-106 4 The Director General of Police, Chennai-106

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5 Union of India Rep. by Secretary Govt. of India Ministry of Health and Family Welfare Nirman Bhawan, New Delhi (Respondent 5 is Suo Motu Impleaded Vide Court Order dated 21.02.2018in WP.(MD).No.22808 of 2017)

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... Respondents/Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Prayer :-

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This Petition filed under Article 226 of Constitution of India to set-aside the order dated 10.12.2020 and Restore and Rehear the Writ Petition in WP(MD) No.22808 of 2017 on the file of this Honble Court.

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Prayer in WP(MD). 22808/ 2017 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the Respondents herein to consider the petitioners representation dated 05.12.2017, and pass appropriate orders directing the respondents 2 to 4 not to interfere with the practice of Alternative System of Medicine by the members of the petitioner association duly qualified by not entering and harassing the members of Petitioner Association with a view to stop their practice of the Alternative system of Medicine without following due process of law.

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ORDER:- This Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.M.Sendhilkumar, Advocate for the Petitioner and this Court made the following order:

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The petitioner seeks restoration of W.P(MD).No.22808 of 2017, which was dismissed for default on 10.12.2020.

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Learned counsel for the petitioner states that the nonappearance was neither wilful nor wanton but on account of his chronic illness. He has also produced a copy of the discharge summary from the Meenakshi Mission Hospital and Research Centre, Madurai.

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In the above facts and circumstances, the petition for restoration is allowed by setting aside the dismissal for default by order dated 10.12.2020.

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Accordingly, the Registry is directed to list W.P(MD). No.22808 of 2017 on 07.09.2021.

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Assistant Registrar (CS II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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The Secretary,

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Dept. of Health and Family Welfare Secretariat St. George Fort https://hcservices.ecourts.gov.in/hcservices/ Chennai-9

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2 The Director Directorate of Indian Medicine and Homeopathy (Ayush), Arumbakkam, Chennai-106 3 The Registrar Tamil Nadu Siddha Medical Council Arumbakkam, Chennai-106 4 The Director General of Police, Chennai-106 5 The Secretary, Govt. of India Ministry of Health and Family Welfare Nirman Bhawan, New Delhi Copy to: The Section Officer, Writ (Posting)Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 17/08/2021 ========================== ORDER ========================== WMP(MD). No.9279 of 2021 in WP.(MD).No.22808 of 2017 Giving direction and etc. as stated within. MGJ(25.08.2021) 3P 7C

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https://hcservices.ecourts.gov.in/hcservices/

Indian Natural Therapy Council (Intc) v. the Secretary

Case brief

What is this about?

What did the court decide?

Indian Natural Therapy Council (Intc) v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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