Madras High CourtWP/9609/2017disposed of

Varaaki v. Union Of India, Rep. By Its

2017-04-20Honourable The Chief Justice,Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9609 of 2017 Varaaki S/o.Radhakrishnan Journalist and Founder and President Indian Makkal Mandram No.2/3, Sudhananda Bharathi Street Ganapathipuram East Tambaram Chennai - 600 059.

.. Petitioner Vs.

1 Union of India rep. by its Secretary to Government Department of Health A Wing, Nirman Bhavan Maulana Azad Road New Delhi - 110 011.

2 Indian Nursing Council (INC) 8th Floor, NBCC Center Plot No.2, Community Center Okhla Phase-I New Delhi - 110 020.

3 The Secretary to Government Government of Tamilnadu Health and Family Welfare Department Secretariat, Fort St. George Chennai - 600 009.

4 Tamilnadu Nurses and Midwives Council Jayaprakash Narayanan Maligai 140, Santhome High Road (Near Santhome Church) Mylapore, Chennai-4.

5 The Director Local Fund Audit, 4th Floor Kuralagam Buildings Chennai.

6 The DEO/Divisional Engineering Officer Jayaprakash Narayan Maaligai "Kuil Thottam"

No.56, Santhome High Road Chennai - 4.

7 The Director Central Bureau of Investigation Shastri Nagar, Adyar Chennai - 20.

8 The Director Vigilance and Anti Corruption Department No.293, MKN Road Alandur, Chennai-16.

9 Dr.Josephine R.Little Flower 10 Paranjothi Directorate of Medical Services DMS Complex 361, Anna Salai, Chennai-6.

Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus (i) directing the 1st respondent to form a monitoring committee or any other committee deem fit by this court to regulate the admission of students into the nursing training institutions under the control of the 4th respondent-Council; (ii) directing the 1st respondent to form a monitoring committee or any other committee deem fit by this court to regulate the functioning of the nursing training institutions under the control of the 4th respondent-Council; (iii) directing respondents 1 to 4 to initiate appropriate department enquiry upon the said Dr.Josephine R. Little Flower for her financial irregularities, mal-administration and swindling of funds during the period of tenure i.e.

, 2003 to 2012 holding the post of Deputy Registrar and the Registrar of the 4th respondent-Council based upon the representation/complaint dated 5.4.2017 made by the petitioner; and (iv) directing the 7th respondent to investigate upon the financial irregularities, mal-administration and swindling of funds committed by Dr.Josephine R. Little Flower during thep eriod of her tenure, i.e., 2003 to 2012, holding the post of Deputy Registrar and the Registrar of the 4th respondent-Council and one Paranjothi, the then President of the 4th respondentCouncil based upon the representation/complaint dated 5.4.2017 made by the petitioner.

For Petitioner : Mr.B.Janakiram For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 3 to 5, 8 and 10

ORDER

(Order of the Court was made by M.Sundar,J.) This writ petition has been filed as a public interest litigation.

2. The writ petition primarily pertains to Tamil Nadu Nurses and Midwives Council, which, we are informed, is a statutory body under the supervision of the Government of Tamil Nadu.

3. The prayers in the writ petition are manifold. The prayers include formation of a Monitoring Committee for regulating admissions of students in institutions under the control of the fourth respondent. There are other prayers too.

4. In the light of the order we propose to pass (after hearing the learned counsel at the bar), we do not delve much into the other limbs of the prayer.

5. The learned counsel for the petitioner states that he has sent a representation dated 5.4.2017 to various authorities, including the official respondents before us, and the same is found at page 44 of the typed set of papers.

6. The learned counsel for the petitioner submits that he would be satisfied if there is a direction to the official respondents to consider and dispose of his above said representation in accordance with law. The learned counsel submits that he abridges the prayer in the writ petition to this effect.

7. We have heard the learned Additional Government Pleader who submits that the third respondent, viz., the Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, under whom the fourth respondent functions, would consider and pass orders on the above said representation of the writ petitioner dated 5.4.2017.

8. We, therefore, direct the third respondent before us, namely, the Secretary to Government, Government of Tamil Nadu,

Health and Family Welfare Department, to consider the above said representation of the writ petitioner dated 5.4.2017 and dispose of the same in accordance with law, after giving adequate opportunity to all concerned, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To 1 The Secretary to Government Union of India Department of Health A Wing, Nirman Bhavan Maulana Azad Road New Delhi - 110 011.