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Madras High CourtWP(MD)/6324/2020closed

K.Pushpavanam v. State Of Tamil Nadu Rep By

2020-05-27Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.6324 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.05.2020

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.6324 of 2020 K.Pushpavanam ... Petitioner Vs.

1.State of Tamil Nadu, represented by The Principal Secretary, Health and Family Welfare Department, Fort St. George,Chennai.

2.The Director, Department of Public Health and Preventive Medicine, State of Tamil Nadu,DMS Complex,Teynampet, Chennai.

3.The District Collector, Office of the District Collector, Madurai - 625 020.

4.The Corporation Commissioner, Madurai Corporation, Aringnar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus directing the respondents to take immediate action to open the newly constructed additional building with 40 bed facility in Thiruparankundram Government Hospital, Madurai District, in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.Ramesh for Mr.R.Alagumani For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader for R.1 to R.3 Mr.J.Gunaseelan Muthiah Additional Government Pleader for R.4

ORDER

[Order of the Court was made by P.N.PRAKASH,J.] When the matter was taken up for hearing, Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the Public Works Department has completed the construction of the additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.6324 of 2020 building for Thiruparankundram Government Hospital and has handed over the same to the Chief Medical Officer, Thiruparankundram Government Hospital, on 23.03.2020. Thereafter, the Chief Medical Officer has addressed a communication dated 24.03.2020 to the Joint Director, Health and Rural Welfare, Madurai, for opening the Hospital building. On account of intervening COVID-19 pandemic situation, further action could not be taken by the Government on account of lock down. Apart from the same, the existing Hospital in Thiruparankundram is well-equipped to deal with the situation at hand.

2. Thus, it is seen that the Government is taking appropriate steps for opening the Hospital building and hence, Mandamus as prayed, cannot be granted.

3. Recording the submissions of the learned Additional Government Pleader appearing for the respondents 1 to 3, this writ petition is closed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rsb To 1.The Principal Secretary, Health and Family Welfare Department, State of Tamil Nadu, Fort St. George,Chennai.

2.The Director, Department of Public Health and Preventive Medicine, State of Tamil Nadu, DMS Complex,Teynampet, Chennai.

3.The District Collector, Office of the District Collector, Madurai - 625 020.

4.The Corporation Commissioner, Madurai Corporation,Aringnar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

W.P(MD)No.6324 of 2020 27.05.2020 SMA/04/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2