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Madras High CourtWP/18403/2015disposed of

S.Gandhi v. The Government Of Tamil Nadu

2015-06-25Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 25-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18403 OF 2015 S.Gandhi

...Petitioner

-vs1. The Government of Tamil Nadu, rep.by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai-9.

2. The Director, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai-600 010.

3. The Executive Engineer, Public Works Department, Building Maintenance-Medical Works, Chepauk, Chennai-5.

4. The Dean, Government Medical College and Hospital, Thiruvannamalai, Thiruvannamalai District.

...Respondents

Writ Petition has been filed praying for issuance of a writ of mandamus, directing the respondents to allot a suitable place at the fourth respondent's Government Medical College and Hospital premises to run a Kiosk.

For petitioner :

Mr.K.Thilageswaran For respondents :

Mr.N.Roofus Abraham, Govt.Advocate.

O R D E R

By consent, the Writ Petition is taken up for disposal.

2. The petitioner would state that he was allotted a NAESEY Kiosk, for vending snaks, tea, coffee etc., in the year 1979, at Government Medical College and Hospital, Thiruvannamalai, and that the income derived from the said shop was the sole source of livelihood for him and his family and he has been maintaining the said kiosk in a hygiene condition.

3. The grievance expreseed by the petitioner is, that, all-of-a-sudden, he was asked to vacate the premises and, in this regard, submitted a representation to fourth respondent on 25.12.2014, praying for permission to continue to run the abovesaid kiosk. Since he has not been favoured with any response, he has come forward to file this Writ Petition.

4. Learned counsel for the petitioner would submit that the kiosk run by the petitioner in the fourth respondent Hospital was asked to be closed and, at present, he is not running any bunk shop and, as his livelihood is based solely on the said business, prays for appropriate orders.

5. Heard the submissions of Mr.N.Roofus Abraham, learned Government Advocate, who took notice on behalf of the respondents.

6. This Court, considering the facts and circumstances of the case, permits the petitioner to submit one more representation to respondents 3 and 4 within two weeks from the date of receipt of a copy of this order, and, on such receipt, respondents 3 and 4 are directed to consider and pass orders on the said representation of the petitioner, in accordance with law, within a period of four weeks thereafter, and communicate the decision taken thereon to the petitioner.

7. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar dixit

To

1. The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai-9.

2. The Director, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai-600 010.

3. The Executive Engineer, Public Works Department, Building Maintenance-Medical Works, Chepauk, Chennai-5.

4. The Dean, Government Medical College and Hospital, Thiruvannamalai, Thiruvannamalai District.

1 CC to Mr.K.Thilageswaran, Advocate SR.No. 31465 1 CC to the Government Pleader, SR.No. 31423 W.P.Nos.18403/2015 SV (CO) PSI (09.07.2015)