N.Perumal v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2021
CORAM
THE HON'BLE MR.JUSTICE B. PUGALENDHI WP No.18835 of 2020 N. Perumal
...Petitioner
Vs.
1. The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai - 9
2. The District Collector Salem District, Salem.
..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to open the Mini Clinic in the petitioner's village viz., Puliyankurichi Village Panchayat, Puliyankurichi Post, Gangavalli Taluk, Salem District. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Aannai Ezhil Government Advocate for R1 & R2
ORDER
This writ petition is filed for a mandamus directing the second respondent to open the Mini Clinic in the petitioner's village viz., Puliyankurichi Village Panchayat, Puliyankurichi Post, Gangavalli Taluk, Salem District.
2. In response to this writ petition Mr.Elumalai, Additional Government Pleader produced the written instructions which he received from the Deputy Director of Health Service (FAC) Salem in R.No.11500/ A1/2020 dated 08.12.2020 which reads as follows:- " There is a Health Sub-Centre in Puliyankurichi Village itself, in which Maternal and Child Health Services are provided through Village Health Nurse. The other Health facilities available nearer Puliyankurichi Village are (1) Block level Primary Health Centre (Upgraded) at Thalaivasal which is 12 Kms from Puliyankurichi Village and (2) Additional Primary Health Centre at Veeraganur which is 11Kms from Puliyankurichi Village".
As per G.O.Ms.No.530 H & FW (N2) Dept. dt:05.12.2020, the Government have issued orders for establishment of Mini Clinics in both Rural and Urban areas to provide easy access to the Health facilities to provide essential Primary Health Care Services to the poor people, and the location will be decided based on the needs and fulfillment of the following criteria, prescribed in the G.O.
1. where large clusters of construction labourers including daily wage workers from within and outside the State who live in congested Urban settlements and temporary and other shelters in the construction sites in peri-urban localities.
2. Town Panchayats without Primary Health Centres or Government Hospital any other Government facility other than Health Sub Centre.
3. Village with non-functional Panchayat Union Dispensaries where no other health facility is available.
4. Major Village Panchayats with population more than 5000 and above and no Government health facility within a radius of 3 Km and above.
5. Junction Villages connecting several Hamlets in hilly, forest and remote areas.
6. Time taken to reach Government Health facility more than 1 hour.
7. For Corporation and Municipalities all inaccessible places, Urban Slums, places with no nearby Government/Urban Local Bodies facilities should be covered.
8. The existing Health and Wellness Centres, where substantial investment has already been done in earlier years and which fit the criteria, should be part of this Mini Clinic to build on the investments already made".
3. From a reading of the written instructions submitted by the Deputy Director of Health Services (FAC) to the learned Special Government Pleader in R.No.11500/A1/2020 dt: 18.12.2020 it appears that there is a Health Sub-Centre in Puliyankurichi Village itself, in which Maternal and Child Health Services are provided through Village Health Nurse and apart from that a Block level Primary Health Centre (Upgraded) at Thalaivasal and an additional Primary Health Centre at Veeraganur are also available within 12kms and 11kms radius respectively, from the petitioner's village.
4. Recording the submissions made by the learned Additional Government Pleader for the respondents that already necessary health facilities have been provided in the Puliyankurichi
Village, no further order is required. Accordingly this writ petition is closed. No costs.
Sd/- Assistant Registrar //True Copy// dpq Sub Assistant Registrar To
1. The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai - 9
2. The District Collector Salem District, Salem.
WP No.18835 of 2020 vsn -ii(CO) rv(03/02/2021)