Karthick v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.25331 of 2025 Karthick S/o.Kamaraj No.46/2, 3rd Main Road, Nerhu Nagar, Ennore, Chennai - 600 057.

Petitioner(s) Vs

1. The Secretary Government of Tamilnadu, Department of Health and Family Welfare, Fort St George Chennai.

2. The District Collector Singaravellar Maligai, No.62 Rajaji Salali, Chennai - 600 001.

3. The Commissioner Greater Chennai Corporation, Rippon Building Chennai - 600 003.

4. The Zonal Medical Officer Medical Service Department Corporation Zonal Office, Thiruvottiyur, Chennai - 600019.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 09.10.2023 and thereby direct the respondents to construct additional block or additional floor for 24 hours maternity ward with all the facilities. For Petitioner(s):

Mr.M.Ganesh Babu For Respondent(s):

Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.Karthik Jagannath Government Advocate for R2 Mr. Arun Babu for R3 and 4 Ms.M.Sneha Special Counsel for R1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Through this public interest litigation, the petitioner has sought a direction for consideration of representation for

establishment of a maternity ward at the primary health centre situated in Kathivakkam, Chennai.

2. We find that the representation made by the petitioner was examined by the authorities and taking into consideration the population, the representation has been rejected. It has been stated that at a distance of 4 kms there exists a maternity hospital, where services can be availed.

3. The submission of learned counsel for the petitioner that a mandamus should be issued to establish a maternity ward at the place decided by the petitioner is essentially a matter in the realm of administrative domain. No direction can be issued by the writ court to scale up facilities in the manner as prayed for.

4. We find that there is already a maternity hospital at a distance of 4 kms. Therefore, in these circumstances, we do not consider it imperative to pass any such direction. All such matters are essentially matters for consideration of the authorities. This

order shall not come in the way of the authorities in providing such facility in future, in case of change of circumstances. Writ petition is disposed of accordingly. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (MUMMINENI SUDHEER KUMAR, J) 29.07.2025 Index :

Yes/No :

Yes/No sasi

To:

1. The Secretary Government of Tamilnadu, Department of Health and Family Welfare, Fort St George Chennai.

2. The District Collector Singaravellar Maligai, No.62 Rajaji Salali, Chennai - 600 001.

3. The Commissioner Greater Chennai Corporation, Rippon Building Chennai - 600 003.

4. The Zonal Medical Officer Medical Service Department Corporation Zonal Office, Thiruvottiyur, Chennai - 600019.

THE HON'BLE CHIEF JUSTICE AND MUMMINENI SUDHEER KUMAR ,J.

(sasi) W.P.No.25331 of 2025 29.07.2025