Madras High CourtWP(MD)/15779/2017disposed of

Chinnaponnu, W/O.Natarajan v. The Joint Director Of

2017-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15779 of 2017 Chinnaponnu : Petitioner -vs1.The Joint Director of Medical & Rural Health Service & Family Welfare, Trichy District, Trichy.

2.The Senior Civil Surgeon, Government Hospital, Musiri, Trichy District.

3.The Village Administrative Officer, M.Pudupatti Panchayat (West), M.Pudupatti, Musiri Taluk, Trichy District.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondents to break open the Lock and Seal put up by the respondents in the 1st Floor of the petitioner's house situated in Trichy District, Musiri Taluk, M.Pudupatti Post, North Aythampatti and consequently, handed over the room to the petitioner by considering her representation, dated 28.07.2017. For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the respondents to break open the Lock and Seal put up by the respondents in the 1st Floor of the petitioner's house situated at https://hcservices.ecourts.gov.in/hcservices/

North Aythampatti Village, Musiri Taluk, Trichy District and consequently, handed over the room to the petitioner, by considering her representation, dated 28.07.2017. 2.According to the petitioner, she is residing along with her family members in Survey No.260 at North Aythampatti Village, Musiri Taluk, Trichy District. On 13.07.2017, the respondents along with the Musiri Police came to her house and made search alleging that her elder son is running a clinic in a room available in the first floor of the house against law. Thereafter, the respondents locked and sealed the room. In this regard, the petitioner gave a representation, dated 28.07.2017 to the respondents, but till date, there is no response. Hence, the present writ petition.

3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on records. 4.Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the case, this writ petition is disposed of with a direction to the 1st respondent to consider the representation of the petitioner, dated 28.07.2017 and pass orders purely on merits and in accordance with law, within a period of four weeks from the date of receipt of the order copy, after providing opportunity of hearing to the petitioner as well as to the necessary parties, if any. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub-Assistant Registrar To, 1.The Joint Director of Medical & Rural Health Service & Family Welfare, Trichy District, Trichy.

2.The Senior Civil Surgeon, Government Hospital, Musiri, Trichy District.

3.The Village Administrative Officer, M.Pudupatti Panchayat (West), M.Pudupatti, Musuri Taluk, Trichy District.

+One cc to M/s.S.Karthick Subramanian, Advocate, SR.No.80653 +One cc to The Special Government Pleader, SR.No.81044 er RL/6C/2P/JC/SAR1/13/10/2017 W.P.(MD)No.15779 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 21.09.2017