Madras High CourtWP/17361/2017disposed of

A.Venkatesh v. The Health And Family Welfare

2017-11-02Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.17361 of 2017 A.Venkatesh .. Petitioner Vs.

1. The Health and Family Welfare Department, rep. by its Principal Secretary, Fort St.George, Chennai - 600 009.

2. The Directorate of Medical Health Education, rep. by its Director, Kilpauk, Chennai - 600 010.

3. Tamil Nadu Tea Plantation Corporation Limited, rep. by its Director, TANTEA Complex, Coonoor, The Nilgiris District - 643 101 .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to allot space in terms of the representation dated 15.02.2017 as per G.O.(Ms) No.300 dated 18.09.2009 issued by the 1st respondent in the Kilpauk Medical Hospital, Children Hospital Egmore, Government Stanly Hospital, Rajeev Gandhi Government General Hospital and Royapetah Hospital. For Petitioners : Mr.G.Mohankrishnan For Respondents : Mr.A.Kumar Special Government Pleader

O R D E R

The petitioner seeks for a mandamus directing the

respondent to allot space in terms of the representation dated 15.02.2017 as per G.O.(Ms) No.300 dated 18.09.2009 issued by the 1st respondent in the Kilpauk Medical Hospital, Children Hospital Egmore, Government Stanly Hospital, Rajeev Gandhi Government General Hospital and Royapetah Hospital.

2. Heard Mr.G.Mohanakrishnan, learned counsel appearing for the petitioner and Mr.A.Kumar, learned Special Government Pleader appearing for the respondents.

3. It appears that the petitioner is seeking for allotment of space for running an outlet for selling tea in the above said Government Hospital. The petitioner also seeks to rely upon the Government Order referred to above in support of his claim.

4. This Court, at this stage, is not inclined to express any view on the merits of the claim made by the petitioner as it is for the respondents to consider and decide the matter on merits and in accordance with law. Accordingly, this writ petition is disposed of only with a direction to the 2nd respondent to consider the representation of the petitioner dated 15.2.2017 and pass orders on merits and in accordance with law after giving due opportunity of hearing to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.

WMP 18859 of 2017 is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. The Principal Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director, Directorate of Medical Health Education, Kilpauk, Chennai - 600 010.

3. The Director, Tamil Nadu Tea Plantation Corporation Limited, TANTEA Complex, Coonoor, The Nilgiris District - 643 101 +5cc's to Mr.G.Mohanakrishnan, Advocate, S.R.No.77858 +1cc to Special Government Pleader, Advocate, S.R.No.77975 +1cc to the Government Pleader, S.R.No.77949 W.P.No.17361 of 2017 NRI(CO) GN(16/11/2017)