D.Saraswathy, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2018

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.20596 of 2018 and W.M.P.No.24207 of 2018 D.Saraswathy ... Petitioner Vs.

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

2.The Director of Medical Education, Kilpauk, Chennai.

3.The Dean, The Government Medical College Hospital, Coimbatore.

4.Indira Gandhi Proprietor, Students Canteen Government Medical College Hospital, Camps Coimbatore.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 to 3 from granting fresh permission for running the tea shops/canteens inside the Coimbatore Medical College, Coimbatore, in contravention of G.O.Ms.No.59 dated 20.03.2003 Health and Family Welfare Department by considering the petitioner's representation dated 01.08.2018. For Petitioner : Mr.R.Rajarajan For Respondents: Mrs.P.Rajalakshmi Additional Government Pleader (R1 to R3)

O R D E R

Mrs.P.Rajalakshmi learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent, the Writ Petition itself is taken up for final disposal.

2.The petitioner has filed the above Writ Petition to issue a writ of mandamus forbearing the respondents 1 to 3 from granting fresh permission for running the tea shops/canteens inside the Coimbatore Medical College, Coimbatore, in contravention of G.O.Ms.No.59 dated 20.03.2003 Health and Family Welfare Department by considering the petitioner's representation dated 01.08.2018. 3.The learned counsel for the petitioner submitted that it would be suffice if the respondents 2 & 3 are directed to consider the representation dated 01.08.2018. 4.Mrs.P.Rajalakshmi, learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the respondents 2 & 3 may be directed to consider the petitioner's representation dated 01.08.2018 and pass orders in accordance with law, after giving notice to the 4th respondent.

5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the respondents 2 & 3 to consider the petitioner's representation dated 01.08.2018 and pass orders, on merits and in accordance with law, after giving notice to the 4th respondent, within a period of four weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsn/va

To 1.The Secretary to Government, Health Department, Fort St. George, Chennai 600 009.

2.The Director of Medical Education, Kilpauk, Chennai.

3.The Dean, The Government Medical College Hospital, Coimbatore.

+ 1 cc to Mr. Government Pleader Sr.55475 + 1 cc to M/s. G. Rajan, Advocate SR.55268 W.P.No.20596 of 2018 and W.M.P.No.24207 of KAN(CO) EU(13/08/2018)