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Madras High CourtWP/19089/2017disposed of

Rvs Medical Trust v. The Secretary

2017-07-26Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.19089 of 2017 RVS Medical Trust, Rep.by its Chairman, Dr.K.V.Kuppusamy, Kumaran Kottam Campus, Trichy Road, Kannampalayam, Coimbatore - 641 402.

... Petitioner Vs.

The Secretary, Ministry of AYUSH, (Ayurveda Medical College and Hospital) 'B' Block, G.P.O.Complex, INA, New Delhi - 110 023.

... Respondent Prayer:

Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondent herein to consider the fresh application made by the petitioner trust dated 29.6.2017.

For Petitioner : Mr.T.R.Rajagopalan, Senior Counsel for Mr.C.V.Vijayakumar For Respondent : Mr.Rabu Manohar Standing Counsel

O R D E R

Mr.Rabu Manohar, learned standing counsel takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondent to consider their fresh application dated 29.06.2017 submitted before the respondent seeking for permission to establish a new medical college by name RVS Ayurvedha College.

3. Mr.T.R.Rajagopalan, learned Senior Counsel appearing for the petitioner submitted that the earlier application made by them was not considered for some reasons and such order was communicated to the petitioner only in the month of May 2017, wherein and whereby the petitioner was asked to apply afresh seeking permission. Therefore, he submitted that unless the respondent is directed to consider the fresh application filed by the petitioner dated 29.06.2017 urgently, it would cause great hard ship and inconvenience to the petitioner, since the petitioner has invested several crores of rupees in putting up construction and making infrastructure facilities for the proposed medical college.

4. Since the petitioner has sought for permission to establish a new medical college and such request is made by the petitioner on 29.06.2017 in pursuant to the communication issued by the respondent dated 28.04.2017, without expressing any view on the merits of the claim made by the petitioner, I only direct the respondent to consider the said representation of the petitioner dated 29.06.2017 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk

To The Secretary, Ministry of AYUSH, (Ayurveda Medical College and Hospital) 'B' Block, G.P.O.Complex, INA, New Delhi - 110 023.

+1cc to M/s.B.Rabu Manohar, Advocate, S.R.No.52686/17 +1cc to M/s.C.V.Vijayakumar, Advocate, S.R.No.52694/17 W.P.No.19089 of 2017 AR(CS IV) CU(03/08/2017)