T.K.P.Lenin v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR T.K.P.Lenin ... Petitioner Vs.

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

2.The Additional Chief Secretary, Ministry of Health and Family Welfare Department (Tamil Nadu), Secretariat, Fort St. George, Chennai - 600 009.

3.The Director, Department of Public Health and Preventive Medicine, Chennai - 600 006.

4.The District Collector,

5.The Deputy Director (Health Department) Public Health and Preventive Medicine Department Tiruvarur.

6.The District Revenue Officer, Thiruvarur District.

7.The Revenue Divisional Officer, Mannargudi, 8.The Tahsildar, Mannargudi, Thiruvarur District.

9.The Superintendent of Police, Thiruvarur District.

10.The Superintending Engineer, Public Works Department (PWD) Circle of Building Construction and Maintenance, Tiruvarur.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 5th and 10th respondents to take appropriate action to construct the building for Primary Health Centre at Paravakottai, Mannargudi, in Survey No.640/1B as per the tender notification in No.5/2022-23 dated 19.09.2022 based on the representation dated 08.07.2024 made by the petitioner.

For Petitioner :

Mr.M.Radhakrishnan for Mr.K.Jayaraman For R1, R4, R6 :

Mr.A.Edwin Prabakar to R9 State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate For R2, R3 & R5 :

Mr.J.Ravindran Additional Advocate General assisted by M/s.M.Sneha, Special Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the 5th and 10th respondents to take appropriate action to construct the building for Primary Health Centre at Paravakottai, Mannargudi, in Survey No.640/1B as per the tender notification in No.5/2022-23 dated 19.09.2022 based on the representation dated 08.07.2024 made by the petitioner.

2.Having regard to the limited nature of the prayer in the writ petition, this Court, without expressing any opinion on the contentions raised by the petitioner in the writ petition or the allegations in the representation, is inclined to direct the respondents 5 and 6 to consider the representation of the petitioner regarding construction of building for Primary Health Centre at Paravakottai, Mannargudi. This direction will be subject to the outcome of the writ petition filed by private individuals claiming ownership over the land. It is also open to the respondents to seek alternative site for construction of Primary Health Centre. 3.With the above directions, this writ petition is disposed of. No costs. (S.S.S.R., J.) (M.S.K., J.) 19.12.2024 mkn Internet : Yes Index : Yes

To 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009. 2.The Additional Chief Secretary, Ministry of Health and Family Welfare Department (Tamil Nadu), Secretariat, Fort St. George, Chennai - 600 009. 3.The Director, Department of Public Health and Preventive Medicine, Chennai - 600 006.

4.The District Collector, 5.The Deputy Director (Health Department) Public Health and Preventive Medicine Department Tiruvarur.

6.The District Revenue Officer, Thiruvarur District.

7.The Revenue Divisional Officer, Mannargudi, 8.The Tahsildar, Mannargudi, Thiruvarur District.

9.The Superintendent of Police, Thiruvarur District.

10.The Superintending Engineer, Public Works Department (PWD) Circle of Building Construction and Maintenance, Tiruvarur.

S.S. SUNDAR , J.

and MUMMINENI SUDHEER KUMAR , J.

mkn 19.12.2024