A.Senthil Murugan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.11199 of 2019 A.Senthil Murugan ... Petitioner Vs 1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2.The Managing Director, TANTEA (Tamil Nadu Tea Plantation Corporation Limited), Coonoor, The Nilgiris District.
3.The Director of Medical Education, Kilpak, Chennai - 10.
4.The Dean, Government Medical College and Hospital, Mundiampakkam, Villupuram, Villupuram District.
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5.The Executive Engineer, PWD Department (Building and Maintenance) Villupuram, Villupuram District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the fifth respondent herein to take necessary action in this regard and provide the petitioner permission to put up a TANTEA Tea bunk stall in the premises of the Government Medical College and Hospital, Mundiampakkam, Villupuram, Villupuram District.
For Petitioner : No appearance For Respondents :
For R1, R3, R4 & R5 : Mr.K.Tippusulthan Government Advocate For R2 : Mr.V.Jeevagiridharan Additional Government Pleader
ORDER
There is no representation on behalf of the petitioner.
2. This writ petition has been filed for a Mandamus, to direct the fifth respondent herein to take necessary action and provide the petitioner permission to put up a TANTEA Tea bunk stall in the premises of the Government Medical College and Hospital, Mundiampakkam, Villupuram, Villupuram District.
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3. The learned Government Advocate for the first, third, fourth and fifth respondents would submit that the fourth respondent has to make suitable recommendation, pursuant to which, the fifth respondent will put up a bunk shop.
4. On behalf of the second respondent, the learned Additional Government Pleader would submit that the space inside the Combined Court Building Campus at Dindivanam in Villupuram District was not allotted to the second respondent by the Court authorities. It is submitted that this information was also informed to the petitioner. In response to that, the petitioner by his letter dated 28.11.2017, requested allotment of dealership at Mundiyambakkam Medical College and Hospital Campus at Mundiyambakkam in Villupuram District.
5. It is further submitted that already a dealer by name one Thiru.Pandian was allotted a bunk shop in the said premises and the petitioner was informed about the same by the second respondent on 11.01.2018 vide Letter No.4804/2017/S4 and that if the petitioner chooses for any other outlet, he may apply so. 3/7
6. I have considered the arguments advanced by the learned counsel for the petitioner, learned Government Advocate for the first, third, fourth and fifth respondents and the learned Additional Government Pleader for the second respondent. I have also perused the affidavit filed in support of the present writ petition and the counter affidavit filed by the second respondent.
7. The petitioner appears to be a dealer appointed for Integrated Court Area in Dindivanam, Villupuram District and had paid a sum of Rs.7,500/- towards Dealership Fee/Allotment of Sales Bunk at Integrated Court Area, Dindivanam, Villupuram District.
8. The request of the petitioner may be considered by the fourth respondent, who shall after examining the feasibility recommend to the fifth respondent to consider the petitioner's request.
9. I therefore direct the fourth respondent to consider the representations of the petitioner and pass appropriate orders on merits, 4/7
within a period of six weeks from the date of receipt of a copy of this order.
10. In any event, before passing such order, notice may be issued to the petitioner to ascertain, whether the petitioner is still interested in pursuing with the request.
11. This Writ Petition is disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
28.10.2022 Index : Yes/No Speaking/Non-Speaking Order arb 5/7
To 1.The Principal Secretary, Government of Tamil Nadu, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2.The Managing Director, TANTEA (Tamil Nadu Tea Plantation Corporation Limited), Coonoor, The Nilgiris District.
3.The Director of Medical Education, Kilpak, Chennai - 10.
4.The Dean, Government Medical College and Hospital, Mundiampakkam, Villupuram, Villupuram District.
5.The Executive Engineer, PWD Department (Building and Maintenance) Villupuram, Villupuram District.
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C.SARAVANAN, J.
arb and W.M.P.No.11199 of 2019 28.10.2022 7/7