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Madras High CourtWP(MD)/12944/2023disposed of

Kalanthar Ashik Ahamed.I v. The Principal Secretary To Government

2024-03-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.12944 of 2023 and W.M.P.(MD)No.10964 of 2023 I.Kalanthar Ashik Ahamed ... Petitioner -Vs1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.

2.The Deputy Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.

3.The District Collector, Office of the District Collector, Ramanathapuram District.

4.The Deputy Director of Health Service, Office of the Deputy Director of Health Service, Ramanathapuram District.

5.The Associate Director of Health Service, Office of the Associate Director of Health Service, Ramanathapuram District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to demolish the damaged upgraded Primary Health Care Centre building in R.S.Mangalam Town Panchayat of Ramanathapuram District and consequently, direct the respondents to construct new upgraded Primary Health Care Centre building by considering the petitioner's representation dated 27.05.2023 within the period as stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed seeking for a direction to the respondents to demolish the damaged upgraded Primary Health Care Centre building in R.S.Mangalam Town Panchayat of Ramanathapuram District and consequently, direct the respondents to construct new upgraded Primary Health Care Centre building by considering the petitioner's representation dated 27.05.2023 within the period as stipulated by this Court.

2.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents has produced some

photographs, which shows that the construction progress of new upgraded Primary Health Care Centre is going on.

3.The learned counsel appearing for the petitioner has submitted that as per the report of the Assistant Executive Engineer, Public Works Department, Buildings (C&M) Division, Thiruvadanai submitted to the learned Principal District Judge, Ramanathapuram, dated 15.06.2023, totally 13 buildings are under dilapidated conditions, which are as follows:- Sl.No Name of Building Year of Construction Building Condition Remarks 30 Bedded Ward Damaged Condition, Not fit for occupation X-Ray Block Partially Stable, Partly Damaged Condition Stable-X Ray Room DamagedDark Room, Entrance Lobby and Reception PHC Building Damaged Condition, Not fit for occupation

MCH Block Stable Condition, Maintenance & Repair Needed Flooring, Wall, Ceiling, Doors and Windows Repairs Needed Siddha Building Stable Condition, Maintenance & Repair Needed Flooring, Wall, Ceiling, Doors and Windows Repairs Needed A.N.M.Quarters Damaged Condition, Not fit for occupation Computer Operator Quarters Damaged Condition, Not fit for occupation Maternity Block Stable Condition, Maintenance &Repair Needed Flooring, Wall, Ceiling, Doors and Windows Repairs Needed P.N.Ward Damaged Condition, Not fit for occupation B.M.O.Quarters Damaged Condition, Not fit for occupation M.O.Quarters Damaged Condition, Not fit for occupation

B.E.E.Quarters Damaged Condition, Not fit for occupation Staff Nurse Quarters Damaged Condition, Not fit for occupation 4.We have perused the said report dated 15.06.2023 submitted by the Assistant Executive Engineer, Public Works Department, Buildings (C&M) Division, Thiruvadanai. Therefore, in respect of those buildings, the respondents are directed to take necessary arrangements for sanctioning funds for construction of the buildings, which are not fit for occupation, within a period of six months from the date of receipt of a copy of this order. It is made clear that in respect of the buildings which are under construction, no further order is required and this order is only applicable to the buildings, which are not fit for occupation. 5.With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [R.V., J.] 13.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

To 1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.

2.The Deputy Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.

3.The District Collector, Office of the District Collector, Ramanathapuram District.

4.The Deputy Director of Health Service, Office of the Deputy Director of Health Service, Ramanathapuram District.

5.The Associate Director of Health Service, Office of the Associate Director of Health Service, Ramanathapuram District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.12944 of 2023 13.03.2024