Mohammed Yousuf.S.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.7686 of 2024 S.K.Mohammed Yousuf ... Petitioner -Vs1.The District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tenkasi, Tenkasi District.
3.The Deputy Director of Health Services, Office of the Deputy Director of Health Service, 4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.
5.M.A.Mohammed Masood 6.Aravind Eye Hospital, No.21A, Rahmaniapuram 1st Street, Nearby Government Hospital Bus Stop, Kadayanallur, Tenkasi District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take control over the premises of the disputed site and consequently, take necessary arrangements for the peaceful running of the hospital situated in South Street, Rahmaniapuram, Kadayanallur, Tenkasi District by considering the petitioner's representation dated 02.03.2024 within stipulated time fixed by this Court. For Petitioner : Mr.P.Ranjith Kumar For R1 to R4 : Mr.P.Thilakkumar, Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 1 to 4. Considering the nature of order going to be passed in this Writ Petition, notice to the respondents 5 and 6 is dispensed with. 3.According to the petitioner, the 6th respondent Hospital is providing service related to eye treatment to their rural area peoples for the past 13 years and also providing free treatment for the poor and senior citizen people. In such
circumstances, there is a dispute between the building owners and the hospital Administration and therefore, the owners forced to vacate the hospital without giving any sufficient time. Hence, the 6th respondent Administration informed that they are having no other option except to close the hospital, pursuant to the pressure given by the owners of the premises. Therefore, the petitioner has filed this Writ Petition with the aforesaid prayer. 4.We have carefully perused the affidavit filed in support of this Writ Petition. At the outset, we are not inclined to entertain this Writ Petition on the simple ground that these are all the issues between the private parties and therefore, it is not construed as Public Interest Litigation. Therefore, this Writ Petition stands dismissed. No costs.
[D.K.K., J.] & [R.V., J.] 27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector,
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
Yuva 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tenkasi, Tenkasi District.
3.The Deputy Director of Health Services, Office of the Deputy Director of Health Service, 4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.
W.P.(MD)No.7686 of 2024 27.03.2024