Dr.Dhayasankar, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.9973 of 2018 Dr.Dhayasankar .... Petitioner Vs.

1.The District Collector, Vellore, Vellore District.

2.The Joint Director, Health Department, Vellore, Vellore District.

3.The Inspector of Police, Kaveripakkan Police Station, Vellore District.

....

Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to directing the respondents 1 and 2 to consider and dispose of petitioner's representation dated 21.03.2018 on the file of the respondents 1 and 2 in accordance with law. For Petitioner :

Mr.S.Sairaman For Respondents:

Mr.E.Balamurugan Special Government Pleader

O R D E R

The petitioner claims to be a Doctor, who is running a hospital in the name and style of "Dayasankar Clinic" at Kaveripakkam.

2. It is stated that the second respondent had lodged a complaint before the third respondent stating that some unqualified persons were giving treatment to the public in the said Clinic. Therefore, the second respondent conducted enquiry and found that two nurses in the clinic were not qualified. A Criminal complaint was lodged against the petitioner and he had taken anticipatory bail in Crl.O.P.No.3596 of 2018. https://hcservices.ecourts.gov.in/hcservices/

3. According to the second respondent, he has given a report alleging that the treatment is given by unqualified persons. Therefore, the premises was sealed. The petitioner has sent a representation on 21.03.2018 to the first and second respondents to de-seal the premises and the said petition has not been considered till today. Therefore, the above writ petition has been filed seeking a direction to the respondents 1 and 2 to consider the said representation and pass appropriate orders on merits.

4. Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, this Court, without expressing any opinion on the merits of representation, directs the second respondent to conduct enquiry after issuing notice to all the persons interested in this regard and affording them an opportunity of hearing and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar tta/rsi To 1.The District Collector, Vellore, Vellore District.

2.The Joint Director, Health Department, Vellore,Vellore District.

3.The Inspector of Police, Kaveripakkan Police Station, Vellore District.

+1cc to Mr.S.Sairaman, Advocate, S.R.No.78743 +1cc to the Government Pleader, S.R.No.79197 W.P.No.9973 of 2018 rrs 23/11/2018 https://hcservices.ecourts.gov.in/hcservices/