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Madras High CourtWP/8746/2026disposed of with direction

C.Kannan v. The Director

2026-03-09Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 9420 OF 2026,WMP NO. 9421 OF 2026,WMP NO. 9422 OF C.Kannan Having Hospital at Aravind Hospital, Salem Main Road, Vellandivalasu, Edappadi, Salem 637101 ..Petitioner(s) Vs

1. The Director Medical and Rural Health Services, Directorate of Medical and Rural Health Services Campus, Anna Salai, Teynampet, Chennai 600006.

2. The Joint Director Medical and Rural Welfare Services, No.16, Omalur Main Road, 1st Agraharam, Salem 636001.

3. The Chief Medical Officer Government Hospital, Edappadi Taluk, Salem District.

..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari Calling for the records of the 2nd respondent pertaining to the impugned order dated 30.09.2025 in Ref.No.1953/R and D-1/2025 and quash the same as illlegal, arbitrary and unsustainable

For Petitioner(s):

Ms.Radhika Boopathi For Respondent(s):

Mr.K.Tippu Sultan, Government Advocate Order The writ petition has been filed by the petitioner against the impugned order of the 2nd respondent, wherein, the license of the petitioner's hospital was cancelled.

2. The case of the petitioner is that he is a qualified Doctor and running Arvind Hospital at Edappadi, Salem District. Due to previous enmity, on 29.09.2025, the 3rd respondent along with the 2nd respondent and the local Police inspected the hospital alleging that a scan machine was seized outside the hospital from the petitioner's wife and accused that the scan being conducted to the pregnant ladies to reveal the sex of the child and thereby the hospital premises was sealed. A complaint in that regard was lodged by the 2nd respondent and FIR was registered in Cr.No.453 of 2025. On 30.09.2025, the 2nd respondent also cancelled the Hospital licence. Immediately, the petitioner preferred an appeal to the 1st respondent on 01.10.2025 and to the 2nd respondent on 14.10.2025 and also filed W.P.Crl.No.1269 of 2025 to deseal the hospital premises, wherein an interim order was passed on 02.12.2025 to deseal the premises and permitted the petitioner to take all necessary documents to submit in an appeal against the license cancellation. Thereafter, the petitioner also

complied with the queries raised in the impugned order of cancellation. Though appeals have been filed, no suitable order to revoke the cancellation was passed by the respondents. Hence, the petitioner approach this Court by filing this writ petition.

3. The learned counsel for the petitioner submitted that the petitioner has filed appeals before the respondents 1 and 2 and documents were submitted relating to the queries raised in the impugned order, despite that the 2nd respondent refused to pass orders to revoke the cancellation, which is highly arbitrary.

4. Mr.K.Tippusulthan, learned Government Advocate who takes notice for the respondents submitted that the competent authority has passed the impugned order based on certain violations of law and that the petitioner may be directed to approach the authority in the pending appeals for appropriate orders.

5. Heard both sides and also perused the materials available on record.

6. Facts in the present case is not in dispute that the petitioner has availed appeal remedy before the respondents 1 and 2 and it is pending. When the matter is pending before the appellate authority, the same cannot be proceeded

with this writ petition before this Court. Therefore, without interfering with the order impugned in this writ petition, this Court directs the petitioner to proceed with the appeal remedy availed before the respondents. The 1st respondent is directed to dispose the appeal dated 01.10.2025 within a period of six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of with the above directions. No costs. Consequently connected miscellaneous petitions are closed. 09-03-2026 Index: Yes/No Speaking/Non-speaking order SK To

1. The Director Medical and Rural Health Services, Directorate of Medical and Rural Health Services Campus, Anna Salai, Teynampet, Chennai 600006.

2. The Joint Director Medical and Rural Welfare Services, No.16, Omalur Main Road, 1st Agraharam, Salem 636001.

3. The Chief Medical Officer Government Hospital, Edappadi Taluk, Salem District.

M.DHANDAPANI J.

sk AND WMP NO. 9420 OF 2026, WMP NO. 9421 OF 2026, WMP NO. 9422 OF 2026 09-03-2026