M.S.K.Thangavel Vs Union of India

PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1- 5 to dispose of the petitioner’s representation dated 27.01.2025, in accordance with law.

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For Petitioner(s): M/s.Karthikaa Ashok For Respondent(s): Mrs.P.J.Anitha, Senior Panel Counsel for R1 Mr.E.Sundaram, Government Advocate for R2 to R4 Mr.S.Balaji, Government Advocate (Crl.Side) for R5

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ORDER

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This writ petition has been filed, directing the Respondents 1- 5 to dispose of the petitioner’s representation dated 27.01.2025 in accordance with law.

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2.The case of the writ petitioner is that he has completed the course called Beneficiary of Modern Science at Kasthuri Medical Mission, Chennai, affiliated to the Central Medical Council of India, earlier called Indo-Allopathy Medical Council. The petitioner is a registered Medical Practitioner registered on the Rolls of the Central Medical Council of India. The Central Medical Council of India, earlier called Indo-Allopathy Medical Council, filed a suit in O.S No.2135 of 2000 on the file of the City Civil Court, Chennai against the police and revenue officials for their frequent interference in the practice of its registered members under the wrong impression that its members are not qualified Medical Practitioners. The said suit was decreed on 07.08.2003. Even

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https://www.mhc.tn.gov.in/judis

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WP No. 7068 of 2025

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then, the law enforcing agency was frequently interfering with the petitioner’s medical practice. Therefore, the petitioner made a representation to the respondents 1 to 5 for registration. However, the same was not considered till date. Hence the present writ petition has been filed.

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3.The learned counsel for the petitioner would submit that this Court may

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issue a direction to the respondents to consider the petitioner’s representation and pass appropriate orders.

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4.Per contra, the learned counsel for the respondents would submit the issue raised in the writ petition is no longer res integra . Similarly placed individuals had earlier approached this Court seeking registration before the authority, and their requests were negatived/rejected on the ground that their qualifications were not recognized either by the Tamil Nadu Medical Council, the Central Medical Council of India or UDHAI. Since the petitioner’s qualification likewise lacks recognition from any of these authorities, the relief sought for cannot be granted. Accordingly, he prayed for dismissal of the present writ petition.

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This Court heard the learned counsel appearing for the parties and perused the materials available on record.

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WP No. 7068 of 2025

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6.Though it is the limited request of the petitioner that the representation submitted by them be considered and order passed, however, the fact remains that similar issue has already been considered by this Court, wherein, it was submitted that the request for grant of recognition to the members, who practice medicine like the petitioner was rejected and that it lacks recognition from the Tamil Nadu Medical Council, the Central Medical Council of India/UDHAI, The said fact is not disputed by the petitioner. When already similar request for recognition has been rejected and that there is no recognition granted to persons similarly situate like the petitioner by the Tamil Nadu Medical Council, the Central Medical Council of India/UDHAI, no direction as sought for can be issued by this Court.

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7.In view of the above discussions, and taking into account the fact that the petitioner’s qualification is not recognised either by the Tamil Nadu Medical Council, the Central Medical Council of India /UDHAI, this Court finds no merit in this writ petition.

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