W.P.No.39754 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025 CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.39754 of 2024 and W.M.P.No.43047 of 2024 Saravanan ... Petitioner Vs. 1.The Assistant Director (Panchayats), Kallakurichi, Kallakurichi Taluk and District. 2.The Tahsildar, Kallakurichi Taluk and District. 3.The Joint Director of Health Service, Kallakurichi, Kallakurichi Taluk and District. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to implement the order of the first respondent passed in his proceedings in Na.Ka.No.A5/2297/2024, dated --10/2024. For Petitioner : Mr.A.Ramalingam For Respondents 1 & 2 : Mr.N.Naveen Kumar, Government Advocate Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 For Respondent 3 : Mr.E.Sundaram, Government Advocate O R D E R The petitioner has filed this petition seeking direction to the second respondent to implement the order of the first respondent passed in his proceedings in Na.Ka.No.A5/2297/2024, dated --10/2024. 2. The case of the petitioner is that the petitioner runs a medical shop at Virugavoor Panchayat limit, Kallakuruchi Taluk and District for the past several years by obtaining a valid license from the appropriate authority namely Assistant Director of Drugs Control and has periodically renewed the said licence and the same is valid up to 19.08.2028. On 10.06.2024, at about 11 A.M., the third respondent conducted a sudden Inspection in the petitioner's medical shop and thereafter they lodged a complaint against the petitioner before the Varanjam police station on the allegations that the petitioner given IV fluids to three persons, which may cause endanger to their life and that the petitioner had retained expired medicine in his shop. 2.1. Following the same, the police registered a case against the Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 petitioner under section 308, 419, 420 of IPC and section 15(3) of Indian Medical council Act, 1956. Thereafter, the petitioner was arrested and subsequently remanded to judicial custody on 10.06.2024 for more than 50 days and was subsequently released on bail by this Court. In the said circumstances, the petitioner made a request letter to the District Collector, Kallakuruchi to permit him to run the medical shop. After considering his request, the District Collector forwarded it to the first Respondent herein. Thereafter, the first respondent has passed an order in his proceedings in Na.Ka.No.A5/22/97/2024, dated--10/2024, directing the second respondent to fix a date in advance to permit the petitioner for taking back the medicine stock and his belongings within 4 hours and thereafter close the shop and seal it again and record the entire process in video coverage. 2.2. The petitioner approached the second respondent, requesting him to implement the order of first respondent, however the second respondent has so far not implemented the above order of the first respondent. Aggrieved by the same, the petitioner has come forward with the present writ petition. Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 3. Learned Government Advocate appearing for the respondents 1 & 2 submitted that this Court may fix the date and time to open the medical shop for four (4) hours, so as to enable the petitioner to remove all the medicine stocks and his belongings, which is kept inside the sealed shop. 4. Heard the learned counsel on either side and perused the materials available on record. 5. At this juncture, it is pertinent to extract the relevant portion of the order of the first respondent vide Na.Ka.No.A5/2297/2024, dated –10.2024 issued to the second respondent: “,g;bghUs; Fwpj;J khtl;l Ml;rpj;jiytu; mtu;fspd; neuo mwpt[iuapy; tUtha; tl;lhl;rpau; kw;Wk; fhty; Jiwapdu; Kd;dpiyapy; Vw;fdnt K:o Kj;jpiuaplg;gl;Ls;s rutzh bkof;fy;!; kUe;J filapid VnjDk; xU njjp epu;zak; bra;J cupikahsUf;F jfty; bjuptpj;J gpwF filapid jpwe;J 4 kzp neuj;jpw;Fs; bghUl;fis btspna vLj;Jf;bfhs;s filapd; cupikahsUf;F mDkjp tH';FkhW bjuptpj;Js;shu;/ nkYk;. bghUl;fs; btspna vLf;fg;gl;lt[ld; kPz;Lk; filapid K:o Kj;jpiuapLkhW bjuptpj;Js;shh;/ ghJfhg;g[ fUjp nkw;fz;l epfH;t[fis tPonahthf gjpt[ bra;J itj;jpUf;FkhW Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 tl;lhl;rpaUf;F bjuptpf;fg;gLfpwJ/” 6. Considering the aforesaid order of the first respondent and the submissions made by the learned counsel on either side, this Court fixes the date on 12.02.2025 at 11.A.M. to 03.00 P.M. to open the shop for four (4) hours in order to enable the petitioner to remove the medicine stocks and his belongings, which is kept in the sealed shop. The second respondent ensure that the said exercise that the entire process is recorded by video coverage as directed by the first respondent. It is made clear that the shop will be open on that day alone i.e., on 12.02.2025 for four (4) hours and no further time will be granted to the petitioner for removing the medicine stocks and his belongings. 7. This writ petition is disposed of with the above observation and directions. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2025 vm Index : Yes/No Speaking Order : Yes/No Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 Neutral Citation : Yes/No To: 1.The Assistant Director (Panchayats), Kallakurichi, Kallakurichi Taluk and District. 2.The Tahsildar, Kallakurichi Taluk and District. J.SATHYA NARAYANA PRASAD,J. vm 3.The Joint Director of Health Service, Kallakurichi, Kallakurichi Taluk and District. W.P.No.39754 of 2024 Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.39754 of 2024 03.02.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis