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Madras High CourtWP/5835/2021disposed of

N.Rajan v. The Block Medical Officer Rch / Nrhm,

2021-04-28Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P. No.5835 of 2021 N.Rajan .. Petitioner Vs.

1.The Block Medical Officer RCH/NRHM Govt. Primary Health Centre T.N.Palayam, Gobichettipalayam T.k., Erode District 2.The Deputy Director Health Service Thindal, Erode District .. Respondents **** Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to conduct an enquiry based on petitioner's representation dated 20.01.2021.

**** For Petitioner : Mr.N.Chinnaraj For Respondents : Mr.B.Anand, Govt. Advocate

O R D E R

This writ petition is for a mandamus to direct the respondents to conduct an enquiry based on petitioner's representation dated 20.01.2021.

2. The case of the petitioner is that he is residing in the above said address for past several years and his vehicle has been hired by the respondents officials under RBSK programme, since 2015. It is the further case of the petitioner that, without any intimation, the respondents have terminated the contract of the petitioner and hence, the petitioner has sent a detailed representation to the respondents on 20.01.2021. As the same was not considered by the respondents, the petitioner has

filed this writ petition.

3. Heard both sides and perused the materials available on record.

4. In the proceedings of the first respondent in Na. Ka. No.166/2020 dated 24.12.2020, it has been clearly intimated to the petitioner that the vehicle bearing Registration No.TN-59 BA-2460 is more than six years old from the date of registration and that the contract for the said vehicle was also coming to an end on 31.12.2020. However, the petitioner has now sought for extension of three more months time by extending the hire contract to the said vehicle, based on his representation dated 20.01.2021. Admittedly, the petitioner has not challenged the letter dated 24.12.2020 and he is willing to abide by any other condition that the respondents may impose for the renewal of the contract.

5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 20.01.2021, after affording an opportunity of hearing to the petitioner, either in person or through virtual mode, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. However, there is no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Asr To 1.The Block Medical Officer RCH/NRHM Govt. Primary Health Centre T.N.Palayam, Gobichettipalayam T.k., Erode District 2.The Deputy Director Health Service Thindal, Erode District

+1cc to the Government Pleader, S.R.No.26362 W.P.No.5835 of 2021 EV(CO) CB(05/07/2021)