B.Priyanga v. The Principal Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dr.B.Priyanka ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Door No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

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

4.The Government Kilpauk Medical College and Hospital, Represented by its Dean, Poonamallee High Road, Kilpauk, Chennai - 600 010.

... Respondents 1/4

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to return back all the original certificates and documents obtained from the petitioner at the time of joining postgraduate degree course and also postgraduate degree certificate.

For Petitioner : Mr.J.Bharathan For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner underwent PG degree course in MD Pediatrics (2017-2020 batch) in the fourth respondent college. As per the bond terms and conditions, she has to serve the Government of Tamil Nadu for a period of one year. Even though she was asked to serve in Thiruvarur, the petitioner did not do so. The petitioner now wants the original documents back. I have allowed several similar writ petitions. But I am not inclined to grant relief in this case only on the ground that I lack the territorial jurisdiction. Of course, the petitioner claims to reside in Kumbakonam now.

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3.The learned counsel appearing for the petitioner points out that the letters written by the Department were sent to the petitioner's address at Kumbakonam. The learned counsel appearing for the petitioner relies on the decision of the Hon'ble Division Bench reported in 2006 (1) CTC 732 (Ex.Rect(MP)Madurai Veeran Vs Union of India). 4.I am not however swayed by the submissions of the learned counsel appearing for the petitioner. I am satisfied that the entire cause of action arose only within territorial limits of the Principal Seat. Nothing took place within the jurisdiction of this bench. The petitioner's residence will not determine this Court's jurisdiction. 5.Granting liberty to the petitioner to move the Principal Seat, this writ petition is disposed of. There shall be no order as to costs. 12.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN,J.

MGA To 1.The Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Door No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

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

4.The Government Kilpauk Medical College and Hospital, Represented by its Dean, Poonamallee High Road, Kilpauk, Chennai - 600 010.

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