S.Krishnaradha v. The Dean

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.1817 of 2025 S.Krishnaradha : Petitioner Vs.

1. The Dean, Tirunelveli Government Medical College Hospital, Tirunelveli.

2. The Executive Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

3. The Assistant Executive Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

4. The Assistant Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

: Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notice issued by the 1st respondent in Na.Ka.No.807/Thi Va-2/2025 dated 25.01.2025 violating and principles of natural justice by arbitrary exercise of power and quash the same and consequently direct the respondents to permit the petitioner to run the already existing canteen in the premises of Ward No.20, Tirunelveli Government Medical College Hospital Tirunelveli till an alternative arrangement is made for running the canteen after giving sufficient notice and hearing to the petitioner.

For Petitioners : Mr. K.Govindarajan for Mr.V.Balaji Fore Respondents: Mr.Veerakathiravan Additional Advocate General assisted by Mr.C.Venkatesh Kumar Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned notice issued by the first respondent in Na.Ka.No.807/Thi Va-2/2025, dated 25.01.2025, directing the petitioner to vacate the canteen operating ín the Tirunelveli Government medical college. 2/6

2. The petitioner's case is that a canteen was allotted to her in the P.W.D. building near the labour ward of the Government Hospital and it was running without causing any disturbance to the public. She also registered the canteen under the Food Safety and Standards Authority of India Act, 2006, from the date of the lease agreement to the present. However, due to personal vengeance from nearby shopkeepers, hotel, and tea shop vendors, the petitioner has faced repeated anonymous disturbances aimed at pressuring her to shut down the canteen. The petitioner's grievance is that the first respondent, through a communication dated 25.01.2025, directed her to vacate the premises within 24 hours, without affording her any opportunity for a hearing. Aggrieved by this, the petitioner has filed the present writ petition.

3. The learned Additional Advocate General appearing on behalf of the respondents submitted that the lease period had already expired on 03.02.2024 and therefore, there was no violation in passing the proceedings against the petitioner.

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4. Heard the learned counsel for the petitioner and the learned Additional Advocate General appearing on behalf of the respondents.

5. Taking in to consideration the fact that the lease period of the canteen had already expired on 03.02.2024, nothing remains to be adjudicated in this writ petition. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

17.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Dean, Tirunelveli Government Medical College Hospital, Tirunelveli.

2. The Executive Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

3. The Assistant Executive Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

4. The Assistant Engineer, Public Works Department, Building (C and M) Division, Medical Works, Tirunelveli.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.2574 of 2025 17.02.2025 6/6