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Madras High CourtWP/5202/2013dismissed

Somnath Singh, v. The Director,

2016-09-14Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14-09-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5202 of 2013 Somnath Singh .. Petitioner Vs 1.The Director Government Institute of Mental Health Kilpauk, Chennai-10.

2.The Managing Director Dr.G.D.Boaz Memorial Hospital School (Psychiatric Hospital & Rehabilitation Centre) No.2/234, Santhosapuram Velacherry Main Road Chennai-73.

... Respondents Prayer : The writ petition is filed to issue a Writ of Mandamus, directing the first respondent to initiate appropriate action against the second respondent's Hospital by considering the representation of the petitioner, dated 6.11.2012 in accordance with law, within the time fixed by this Court. For Petitioner : M/s.R. Vivekanandan For Respondent No.1 : Mr.P. Sanjai Gandhi Addl. Govt. Pleader For Respondent No.2 : Mr.L.Chandra Kumar

O R D E R

Heard.

2. This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the first respondent to initiate an appropriate action against the second respondent Hospital, by considering the representation of the petitioner, dated 6.11.2012, in accordance with law.

3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel, appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 6.11.2012, on merits and in accordance with law, within the time frame, as may be fixed by this Court.

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4. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 6.11.2012, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner and the representative of the second respondent Hospital, as well as to the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 6.11.2012, to the first respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order.

5. The writ petition is disposed of, with the above directions. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Director Government Institute of Mental Health'

Kilpauk, Chennai-10.

+1 cc to M/s.R.Vivekanandan,advocate,sr.52203 +1 cc to Mr.L.Chandrakumar,advocate,sr.52068. ala(co) krd 27/9 Writ Petition No.5202 of 2013 https://hcservices.ecourts.gov.in/hcservices/