Madras High CourtWP/26907/2012allowed

K.Jayaraman v. The Tamilnadu Chief

2017-02-24Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2017

CORAM

THE HONOURABLE Mr. JUSTICE M.SUNDAR W.P.No.26907 of 2012 and M.P.No.1 of 2012

1. K. Jayaraman

2. A. Chidambaram

3. K. Sankar

4. S. Muthukrishnan

5. B. Abdul Kadar

6. R. Murthy

7. D. Venkataraji

8. V. Selvam

9. S. Avaranju Amma

10. Baby

11. N. Thirunarayanan

12. D. Kothandan

13. V.K. Mani

14. Nagarajan

15. Kannan

16. P. Kannan

17. M. Balan

18. S. Rajasekaran

19. S. Chandrasekar

20. A. Angappan

21. M. Dhanalakshmi

22. S. Rajam

23. M. Mahendran [ Petitioner ] Vs

1. The Chief Secretary, Tamil Nadu, Fort St. George, Chennai- 600 009.

2. The Principal Secretary, Department of Health & Family Welfare, Tamil Nadu, Fort St. George, Chennai- 600 009.

3. The Director, Medical & Rural Health Services, DMS, Teynampet, Chennai-600 006.

4. The Joint Director, Department of Medical, Kancheepuram District, Kancheepuram.

5. The Superintendent, Govt. Leprosy Rehabilitation & Promotion Unit, Sanatorium, Tambaram, Chennai-600 047.

[ Respondents ] Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ mandamus directing the respondents 1 to 4 to consider the representation dated 11.09.2012 to forbear from taking possession of the 5th respondent hospital and in any manner preventing patients affected by leprosy from taking treatment.

For Petitioner : Ms.Vijayalakshmi K.Rajaratnam For Respondents: Mr.S. Gunasekaran, AGP

ORDER

Ms.Vijayalakshmi K.Rajaratnam, learned counsel is present on behalf of the writ petitioner. Mr.S.Gunasekaran, learned Additional Government Pleader is present on behalf of the respondents.

2. By consent of both the learned counsel, the main writ petition is taken up for disposal, as the prayer in the main writ petition is very simple and straightforward.

3. The prayer is only to mandamus respondents 1 to 4 to consider the representation of the writ petitioners dated 11.09.2012 regarding taking possession of the 5th respondent hospital.

4. It is submitted that the writ petitioners numbering 23 are afflicted by leprosy. The 5th respondent is the Superintendent, Government Leprosy Rehabilitation & Promotion Unit, Sanatorium, Tambaram, Chennai. Writ petitioners' counsel relied on a Government Order dated 22.03.1980 being G.O.Ms.No.1361 and a representation has been sent on that basis.

5. Though the prayer in the writ petition is to direct respondents 1 to 4 to consider the representation, from the averments made in the affidavit and on a perusal of the said Government order and also the array of parties, it is clear that it would suffice, if the 2nd respondent is directed to dispose of the said representation within a time frame.

6. I propose to pass an order on those lines.

7. Therefore, the 2nd respondent is directed to consider and pass orders and thereby dispose of the representation of the writ petitioners dated 11.09.2012, within a period of eight weeks from the date of receipt of a copy of this order.

8. Writ petition is disposed of on the above terms. No costs. In view of the order passed in the main writ petition, the miscellaneous petition is closed as unnecessary. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar r.g To