Nivis Hotel v. The Director Of Indian Medicine And Homoeopathy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Nivis Hotel ... Petitioner Vs 1.The Director of Indian Medicine and Homeopathy, Department of Indian Medicine and Homeopathy, Chennai-600 009.

2.The Deputy Director of Health Service, Office of Dindigul Health Service, Palani Road, Dindigul.

3.The District Siddha Medical Officer, Office of the District Siddha Medical Office, Dindigul.

4.The Designated Officer, Department of Food Safety, Palani Road, Dindigul.

5.The District Collector, Dindigul District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pay a sum of Rs. 7,17,837/- along with interest @ 18% per annum from the date of its being due, i.e., 12.05.2021, till its final payment as dues towards the payment of acquisition of 16 hotel rooms for 62 days, of the petitioner's hotel along with hotel staff.

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For Petitioner : Mr.S.Krishna Kumar For R1 to R5 : Mr.N.Ramesh Arumugam Government Advocate

O R D E R

This writ petition has been filed for a direction directing the respondents to pay a sum of Rs.7,17,837/- with interest at the rate of 18% p.a., for the for the 16 hotel rooms for 62 days.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is running Nivis Hotel at Dindigul. During COVID-19 the second respondent instructed the third respondent to arrange Quarantine Centers for Siddha Doctors and Nurses. Accordingly, the third respondent by the proceedings dated 12.05.2021 instructed the fourth respondent for arranging accommodation with food for Siddha Doctors and Nurses during COVID-19. Accordingly, the fourth respondent requested the petitioner to convert the petitioner's hotel rooms as Quarantine centers. As per the request, the petitioner allotted 16 rooms as Quarantine Centers from 12.05.2021 to 18.05.2021. Thereafter, the petitioner was not paid any room rents for the period of 62 days. Though the petitioner submitted several representations, all went in vain.

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4. The learned Government Advocate appearing for the respondents 1 to 5 on written instructions would submit that the first respondent accepted the bill raised by the petitioner and sent the communication to the Government of Tamil Nadu, dated 10.01.2025 thereby requested to release the funds to settle the bill amount to the tune of Rs.35,24,766/-. Whenever, the Government sanction the amount, it will be disbursed to the petitioner.

5. In view of the above, the second respondent is directed to sanction the amount which was claimed by the first respondent as per the communication dated 10.01.2025 within a period of two weeks from the date of receipt of a copy of this order. On such sanction, the first respondent is directed to disburse the due to the petitioner to the tune of Rs.7,17,837/- within a period of two weeks thereafter.

6. With the above direction, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 24.01.2025 Speaking/Non Speaking order am 3/5

To 1.The Director of Indian Medicine and Homeopathy, Department of Indian Medicine and Homeopathy, Chennai-600 009.

2.The Deputy Director of Health Service, Office of Dindigul Health Service, Palani Road, Dindigul.

3.The District Siddha Medical Officer, Office of the District Siddha Medical Office, Dindigul.

4.The Designated Officer, Department of Food Safety, Palani Road, Dindigul.

5.The District Collector, Dindigul District.

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G.K.ILANTHIRAIYAN, J.

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