A. Mayandi, Madurai District v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2015
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE G.CHOCKALINGAM W.P.(MD)No.5149 of 2015 and M.P.(MD)No.1 of 2015 A. MAYANDI, MADURAI DISTRICT ORGANIZING SECRETARY, VIDHUTHALAI CHIRUTHAIGAL KATCHI, NO.3/120, PILLAIYAR KOIL STREET, MAXWORTH NAGAR, NAGAMALAI, PUDUKKOTTAI, MADURAI - 19.
.. Petitioner Vs.
1. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PWD, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 9.
2. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PUBLIC WELFARE & HEALTH DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 9.
3. THE DIRECTOR OF MEDICAL, EDUCATION, KILPAUK, CHENNAI - 10.
4. THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI - 20.
5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (HOSPITAL BUILDING MAINTENANCE), THALLAKULAM, MADURAI - 2.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents herein to consider the representation dated 16.03.2015 of the Petitioner and forthwith restrain the Hospital authorities from permitting a canteen in the Ground Floor of the Hospital building and restore the Physiotherapy Department in the original place where it was functioning. For Petitioner : Mrs.AL.Ganthimathi For Respondents : Mr.K.Guru Additional Government Pleader
O R D E R
(The order of the Court was made by S.MANIKUMAR, J.) https://hcservices.ecourts.gov.in/hcservices/ Apprehending that the ground floor portion near to ward No.90 was sought to be converted into a canteen, a representation dated 16.03.2015
has been made by the petitioner. As it remained unanswered, writ of mandamus is sought for a direction directing the respondents to consider the representation dated 16.03.2015 and for a order to restrain the hospital authorities from permitting a canteen in the Ground Floor of the Hospital building and restore the Physiotherapy Department, in the original place, where it was functioning.
2. When the matter came up for admission, on instructions from the Executive Engineer, Public Works Department (Hospital Building Maintenance), Thallakulam, Madurai, respondent No.5, Mr.K.Guru, learned Additional Government Pleader submitted that the place is an apprehension in the mind of the petitioner for conversion as canteen, is used, only as an out patient ward and not for physiotherapy treatment. He further submitted that though the building has been demolished, further construction is stopped. He further submitted that it is the specific instruction of the Dean, Government Rajaji Hospital, Madurai and the Executive Engineer, Public Works Department (Hospital Building Maintenance), Thallakulam, Madurai, the respondent Nos.4 and 5, that there is no intention to use the said place for a canteen, in future. Submission of the learned Additional Government Pleader is placed on record. Assurance made to this Court, should be honoured.
3. Recording the above, this writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (Per Admn) /True copy/ Sub Assistant Registrar To
1. THE SECRETARY TO GOVERNMENT, PWD, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 9.
2. THE SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, PUBLIC WELFARE & HEALTH DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 9.
3. THE DIRECTOR OF MEDICAL, EDUCATION, KILPAUK, CHENNAI - 10.
4. THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI - 20.
5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (HOSPITAL BUILDING MAINTENANCE), THALLAKULAM, MADURAI - 2.
+1cc to M/S.AL.GANTHIMATHI, ADVOCATE IN SR : 17733 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 17841 Rj2 SR : 20.04.2015 : 2p/8c Order made in W.P.(MD)No.5149 of 2015 08.04.2015 https://hcservices.ecourts.gov.in/hcservices/