S.Sivaraman, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.02.2016 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.4003 of 2016 ------- S.Sivaraman .... Petitioner versus 1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Home Department, Secretariat, Chennai 600 009.
2. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai 600 009.
3. Dr.M.G.R.Medical University, represented by its Registrar, Guindy, Chennai 600 036.
4. The Director General of Police Head of Police Force, Mylapore, Chennai 600 004.
5. The Director, Vigilance and Anti Corruption (V & AC) Raja Annamalaipuram, Chennai 600 028.
6. The Deputy Superintendent of Police, (CBCID) Villupuram District, Villupuram
7. S.V.S Naturopathy, Homeopathy & Yoga Medical College, represented by its Administrator, Bangaram Village, Kallakurichi 606 202.
Villupuram District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, to direct the respondents 1 and 4 to constitute a Special Investigation Team to
investigate the issues with regard to illegal recognition and affiliation granted to the 7th respondent College by the officials of respondents 2 and 3 and to take appropriate action against them for abnegating their duties, and consequently forbearing the respondent Nos.2 and 3 from granting any approval and affiliation to any medical and homeopathy colleges in Tamil Nadu without following the rules and regulations as made thereunder.
For Petitioner ::: Mr.K.Balu For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.R.Kamalanathan AGP for Mr.V.Shanmugasundar Government Advocate for R.1, R.2 and R.4 to R.6.
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) On account of the unfortunate incident of suicide of three students, the petitioner representing a political group, filed this Public Interest Litigation seeking constitution of special investigation team to go into the issue of illegal recognition and affiliation granted to the 7th respondent/college by the second and third respondents and to take action for abdication of duties.
2. We may notice that in so far as the incident of suicide is concerned, in a criminal proceeding, the matter is being monitored and the investigation has been transferred to C.B.C.I.D, as stated by the learned Government Pleader.
3. On the issue of recognition, a representation has been sent by the petitioner only on 28.01.2016 and the typed set of documents contains no additional search of materials which could give any input to the Court. Since representation is also recent in character, it could not be expected that within three or four days, response would be forthcoming from the Government authorities.
4. The authority concerned may look into the representation, respond to the same within a reasonable period of time. This ofcourse does not take away from the obligation which are required to be performed by the authorities concerned to look into the issue of the claim that the infrastructure was completely lacking which in turn has pursuaded the State Government to transfer the students to other institutions.
5. The writ petition accordingly stands disposed of with the aforesaid terms, leaving the parties to bear their own costs. Consequently, connnected miscellaneous petition is close ksr sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar Copy to:
1.The Principal Secretary to Government, Home Department, Secretariat, Chennai 600 009.
2.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai 600 009.
3.The Registrar, Dr.M.G.R.Medical University, Guindy, Chennai 600 036.
4.The Director General of Police Head of Police Force, Mylapore, Chennai 600 004.
5.The Director, Vigilance and Anti Corruption (V & AC) Raja Annamalaipuram, Chennai 600 028.
6.The Deputy Superintendent of Police, (CBCID) Villupuram District, Villupuram +1CC to the Govrt.pleader, high court, madras in SR.NO. 7334 +1CC to M/S.K.Balu, Advocate in SR.NO. 7135 W.P.No.4003 of 2016 CO-PPA MLT 15/02/2016