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Madras High CourtWP/30443/2011disposed of

The Saravana General Hospital, v. The State Of Tamil Nadu,

2021-11-29Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.11.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.30443 of 2011 The Saravana General Hospital, Rep. by its Proprietor, P.G.Jayapathi, No.66/72, Bazaar Street, Kaveripakkam, Arakkonam Taluk, Vellore District - 632 508. ... Petitioner ..Vs..

1.The State of Tamil Nadu, Rep. by Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Director, Public Health and Preventive Medicine, Chennai-600 006. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 10.08.2010, 30.08.2011 and 30.10.2011 and thereby direct the respondents to grant permission to the petitioner to start a General Hospital under the name and style of Saravana General Hospital situated at Door No.66/72, No.70, 72, Veerabathira Chetty Street, Building No.8, Bazaar Street, Kaveripakkam, Arakkonam Taluk, Vellore District-632 508.

For Petitioner : No Appearance For Respondents: Mr.C.Jayaprakash Government Advocate

O R D E R The relief sought for in the present writ petition is to direct the respondent to consider the representations submitted by the writ petitioner on 10.08.2010, 30.08.2011 and 30.10.2011 and thereby direct the respondents to grant permission to the petitioner to start a General Hospital under the name and style of Saravana General Hospital situated at Door No.66/72, No.70, 72, Veerabathira Chetty Street, Building No.8, Bazaar Street, Kaveripakkam, Arakkonam Taluk, Vellore District-632 508. 2.The relief sought for in the writ petition itself is observed. In order to get permission, the procedures are to be followed and based on the representations or by issuing a direction to consider the representations, permission to start a hospital can never be granted. Thus, the prayer itself is misconceived and the petitioner has to approach the competent authorities by following the process and complying with the requirements.

3.Under these circumstances, the petitioner is at liberty to approach the competent authorities by filing an appropriate application in the prescribed format by following the procedures as contemplated for the purpose of redressal of his grievances. 4.With these observations, the writ petition stands disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vs To 1.The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Director, Public Health and Preventive Medicine, Chennai-600 006.

+1cc to the Government pleader Sr.62629 W.P.No.30443 of 2011 kg[co] srg 17/12/2021