D.Pari v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.22302 of 2024 D.Pari ... Petitioner -vs1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9.
2. The Project Director, Tamil Nadu State Aids Control Society, No.417, Pantheon Road, Egmore, Chennai-8.
3. The District programme Manager, District AIDS Prevention Control Unit, Health Department, Amma Maligai, 3rd Floor, (Rippon Building), Poonamallee High Road, Chennai-3.
4. R.Selvam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the second respondent to consider the representation dated 05.06.2024 to conduct a detail enquiry and take necessary action against the 4th respondent in relation to the misappropriation of project fund meant for PLHIV within the time fixed by this Court.
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For Petitioner(s) :
Mrs.P.Uma For Respondent(s) :
Mr.E.Sundaram, GA for R1 Mr.CNG. Niraimathi, S.C. RR2 & 3
O R D E R
By consent of both parties, the Writ Petition is taken up for final hearing at the admission stage itself.
2. This petition has filed seeking a direction to the second respondent to consider the representation dated 05.06.2024 to conduct a detail enquiry and take necessary action against the 4th respondent in relation to the misappropriation of project fund meant for PLHIV within the time fixed by this Court.
3. It is the case of the petitioner that the petitioner is a protected person (PLHIV) and working for the PLHIV from past several decades. The two projects meant for the PLHIV is implementing through the 4th respondnet is misappropriating and misusing the project fund meant for the PLHIV and failed to carry out the guideline mentioned in the projects. Hence, the objectives of the project which is exclusively for the care and protection of PLHIV which is implementing in Chennai District through the 4th respondent is under challenge. Eventhough the petitioner and others have informed the respondents 1 to 3, 2/5
they have failed to take any action. Hence, the writ petition.
4. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to pass orders on the petitioner's representation within the time stipulated by this Court.
5. The learned Government Advocate appearing for the respondents submitted that the second respondent is the compentent persons for taking action against the 4th respondent and appropriate orders will be passed within the reasonable time as fixed by this Court.
6. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record. Since no adverse order is passed against the 4th respondent, notice to him is dispensed with.
7. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent consider the petitioner's representation dated 05.06.2024 and pass appropriate orders after providing opportunity to the petitioner and the 4th 3/5
respondent within a period of eight weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition is disposed of. No costs. 07.08.2024 Rli To
1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9.
2. The Project Director, Tamil Nadu State Aids Control Society, No.417, Pantheon Road, Egmore, Chennai-8.
3. The District programme Manager, District AIDS Prevention Control Unit, Health Department, Amma Maligai, 3rd Floor, (Rippon Building), Poonamallee High Road, Chennai-3.
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M.DHANDAPANI, J.
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