M/S.Namma Unavagam Pvt Ltd v. The Secretary To The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.7353 of 2022 M/s.Namma Unavagam Private Limited, Represented by its Managing Director, Sameena Begum, W/o.Mohammed kasim, No.1-A, Arcot Road, Vadapalani, Chennai - 600 026.
...Petitioner
Vs.
1.The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Director, The Director of Medical Education, Chennai - 600 010.
3.The District Collector, Chennai District.
4.The Designated officer, Tamil Nadu Food Safety and Drug Administration Department, (Food Safety Wing), No.33, West Jones Road, Saidapet,Chennai - 600 015.
5.The Director, Institute of Child Health, Egmore, Chennai - 600 008.
6.The Superintendent, ESI Hospital,Ayanavaram, 7.The Director, Department of Indian Medicine and Homeopathy, Arumbakkam,Chennai - 600106.
8.The Director, Institute of Mental Health, Kilpauk,Chennai - 600 010.
9.The Dean, Government Omandurar Medical College Hospital, Chennai - 600 002.
10.The Dean, Government Stanly Hospital, Chennai - 600 001.
11.The Superintendent, Government Peripheral Hospital, Tondiarpet, 12.The Dean, Rajiv Gandhi Government General Hospital, (Government Corona Hospital Guindy), Chennai - 600 003.
...Respondents
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 4 to 12 to pay the cost of the food served by the petitioner restaurant to the hospital of the respondents 5 to 12 for the period from April - May 2021 sum of Rs.1,84,33,833/- to the petitioner and consider the petitioner representation dated 04.03.2022.
For Petitioner : Mr.M.Ramesh For Respondents:
Mr.B.Vijay Additional Government Pleader
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to pass final order on the petitioner's representation dated 04.03.2022, requesting the respondents to pay a sum of Rs.1,84,33,833/- towards supplies made by them between April and May 2021 on the request made by the Doctors and Nurses.
2.The petitioner has filed documents along with this writ petition including invoices raised by them on the respondents with regard to the supplies made by them to Doctors and Nurses during the Covid-19 pandemic. G.O.Ms.No.500 issued by the first respondent dated 03.11.2021 has also been filed to show that the petitioner is entitled for payment with regard to the aforementioned supplies. The petitioner has given a
representation dated 04.03.2022 to the respondents requesting them to make payment of Rs.1,84,33,833/- in respect of invoices raised by them.
3.No prejudice would be caused to the respondents, if the petitioner's representation, referred to supra, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including granting them the right of personal hearing.
4.For the foregoing reasons, this Court directs the respondents 1 and 2 to pass final order on the petitioner's representation dated 04.03.2022 requesting for payment amounting to Rs.1,84,33,833/- for the supplies effected by them between April and May 2021 to Doctors and Nurses, who were attending to Covid-19 patients during the pandemic, within a period of eight weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner including granting them the right of personal hearing.
5.With the above said directions, this Writ Petition is disposed of. No Costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ab To 1.The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George,Secretariat, Chennai - 600 009.
2.The Director, The Director of Medical Education, Chennai - 600 010.
3.The District Collector, Chennai District.
4.The Designated officer, Tamil Nadu Food Safety and Drug Administration Department, (Food Safety Wing), No.33, West Jones Road, Saidapet,Chennai - 600 015.
5.The Director, Institute of Child Health, Egmore, Chennai - 600 008.
6.The Superintendent, ESI Hospital, Ayanavaram, 7.The Director, Department of Indian Medicine and Homeopathy, Arumbakkam,Chennai - 600106.
8.The Director, Institute of Mental Health, Kilpauk,Chennai - 600 010.
9.The Dean, Government Omandurar Medical College Hospital, Chennai - 600 002.
10.The Dean, Government Stanly Hospital, Chennai - 600 001.
11.The Superintendent, Government Peripheral Hospital, Tondiarpet,Chennai.
12.The Dean, Rajiv Gandhi Government General Hospital, (Government Corona Hospital Guindy), Chennai - 600 003.
+1cc to Mr.M.Ramesh, Advocate, S.R.No.47212 +1cc to the State Government Pleader, S.R.No.47745 W.P.No.7353 of 2022 RLD(CO) RGA(26/07/2022)