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Madras High CourtWP/7154/2017disposed of

Dr.S.Gurushankar v. State Of Tamil Nadu

2017-03-23Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 23.03.2017

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.7154 of 2017 Dr.S.Gurushankar President Association of Health Care Providers India (AHPI) T.N. Chapter 2/47, Melur Road Uthangudi, Madurai Tamil Nadu - 625 107 .. Petitioner

Versus

1. State of Tamil Nadu Rep. by its Secretary Health Department Fort St.George Chennai 600 009.

2. The Secretary Ministry of Finance Government of Tamil Nadu Fort St. George Chennai 600 009 .. Respondents Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation given by the petitioner on 02.03.2017 and to take appropriate steps in accordance with law. For Petitioner :

Mr. S.R.Ramesh For Respondents :

Mr. S.V.Durai Solaimalai Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent to consider the representation given by the petitioner on 02.03.2017 and to take appropriate steps in accordance with law.

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2. The case of the petitioner is that the petitioner, who is the President and Managing Trustee of Meenakshi Mission

Hospital and Research Centre, Madurai, gave the representation on 02.03.2017 to the first respondent on 02.03.2017, mainly to form a committee to determine the tariff for performing various procedures under CMCHIS scheme as the proposed tariff under the scheme fixed by the Government is meager taking into account the cost of medical or surgical procedures to be performed. According to him, when such a Committee is formed, to reconsider the existing tariff it will benefit the Government, hospitals as well as the people of Tamil Nadu. Since the representation did not evoke any response, the petitioner has come forward with this Writ Petition, seeking for the aforesaid relief.

3. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

4.

Considering the limited scope of prayer sought for in this Writ petition, without going into the merits of the case, this Court directs the second respondent to consider and pass orders on the representation of the petitioner dated 02.03.2017 on merits and in accordance with law as without fixing the actual optimal cost the tariff cannot be fixed, after giving an opportunity of hearing to the petitioner and other persons concerned, within a period of four months from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of accordingly. No costs. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Secretary Health Department Fort St.George Chennai 600 009.

2. The Secretary Ministry of Finance Government of Tamil Nadu Fort St. George Chennai 600 009 +1cc to Mr.S.Ramesh & M.A.Abdulwahab, Advocate SR.No.18541/17 +1cc to Government Pleader Sr.No.18667/17 WP No.7154 of 2017 SDR 19.04.2017 https://hcservices.ecourts.gov.in/hcservices/