S.Sambath Kumar, v. The Joint Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 27962 of 2019 S. Sambath Kumar ... Petitioner -vs1. The Joint Director, Medical and Rural Development, O/o. The Joint Director of Medical and Rural Development Department, Chennai - 600 006.

2. The Superintendent, Government Head Quarters Hospital, Nagapattinam, Nagapattinam District.

3. The Superintending Engineer, P.W.D. (Construction), Thiruvarur, Thiruvarur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to allot alternate place within hospital campus considering the representation of the Petitoner dated 10.09.2019.

For Petitioner :

Mr. S. Nambi Arooran For Respondents:

Mr.R.Venkatesh, Government Advocate

O R D E R

The Petitioner was required to remove the STD booth alloted to him at Government Headquarters Hospital, Nagapattinam for construction of Hybrid High Dependency Unit (HHDU) in the said hospital premises. At that stage, the Petitioner made a representation dated 10.09.2019 to the Respondents to grant him

alternative place within the hospital premises for continuing the STD booth.

2.

When the matter came up for admission before this Court on 20.09.2019, Learned Counsel for the Petitioner submitted that the Petitioner would immediately vacate from the existing place so that the Respondents could consider his representation for granting alternative place within the hospital premises. It is reported today by the Learned Counsel for the Petitioner that the Petitioner has removed the existing STD booth from the Government Headquarters Hospital, Nagapattinam on 20.09.2019 and a memo to that effect has been filed, which is recorded. 3.

Having regard to the limited relief sought by the Petitioner in the Writ Petition, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, directs the Second Respondent to consider and pass reasoned orders on merits in accordance with law on the aforesaid representation dated 10.09.2019 made by the Petitioner and file report of its compliance before the Registrar (Judicial) of this Court by 31.10.2019.

4.

Accordingly, the Writ Petition is disposed on the aforesaid terms. No costs.

vjt Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Joint Director, Medical and Rural Development, O/o. The Joint Director of Medical and Rural Development Department, Chennai - 600 006.

2. The Superintendent, Government Head Quarters Hospital, Nagapattinam, Nagapattinam District.

3. The Superintending Engineer, P.W.D. (Construction), Thiruvarur, Thiruvarur District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

+1cc to Mr.S.Nambiarooran, Advocate, SR.No.82936 +1cc to the Govt.Pleader, Vide Sr.No.83186 W.P. No. 27962 of 2019 Kak(03.10.2019)