Boominathan.D v. The Under Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA D.Boominathan : Petitioner Vs.
1.The Under Secretary Office of the Health and Family Welfare (Training Division) Nirman Bhavan South Block, Secretariat New Delhi.
2.The Chairman Gandhigram Institute of Rural Health and Family Welfare Trust, Soundaram Nagar, Gandhigram Post, Dindigul District 3.The Director Vigilance and Anti Corruption Unit Radhakrishnan Salai Chennai.
4.The Principal Accountant General (Audit II) Office of the Principal Accountant General (Audit I) G;s Office (Audit) Complex, 361 Anna Salai Rostrevor Garden 1/5
Teynampet, Chennai 5.The Assistant Director, State Government Audit Department 171/C1 Baby Illam Siluvathur Road, Balakrishnapuram (Po) Dindigul 6.The District Collector Office of the District Collector, Dindigul, Dindigul District 7.The Chairman Finance Committee Gandhigram Institute of Rural Health and Family Welfare/ Managing Trustee, Gandhigram Trust, Dindigul 624 302.
8.Seethalakshmi The Director, Gandhigram Institute of Rural Health and Family Welfare, Gandhigram Trust, Gandhigram Dindigul 624 302 : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 18.03.2020 to enquire into the same and to take action against the Director of the Gandhigram Institute of Rural Health and Family Welfare Trust, Dindigul. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.B.Narayanram for R1 Central Government Standing counsel Mr.V.Karthikeyan for Mr.V.Vijayshankar for R2, R7 & R8 2/5
Mr.SRA.Ramachandran for R3 to R6 Additional Government Pleader
ORDER
(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the 8th respondent has been appointed in violation of Rules, the petitioner gave a representation dated 18.03.2020 and has thereafter filed the present writ petition for a direction to the respondents to dispose of the said representation.
2. In the opinion of this Court, a writ of mandamus could be issued to perform a public duty cast upon the officials. If the 8th respondent has been appointed in violation of the Rules, the remedy to the petitioner is not Public Interest Litigation, but a writ of Quo Warranto. Hence, a direction cannot be issued to the respondents to dispose of the petitioner's representation. Accordingly, the writ petition is dismissed. No costs.
[P.N.P., J.] & [R.H., J.] 14.07.2022 Internet : Yes RR 3/5
To 1.The Chairman Gandhigram Institute of Rural Health and Family Welfare Trust, Soundaram Nagar, Gandhigram Post, Dindigul District 2.The Director Vigilance and Anti Corruption Unit Radhakrishnan Salai Chennai.
3.The Principal Accountant General (Audit II) Office of the Principal Accountant General (Audit I) G;s Office (Audit) Complex, 361 Anna Salai Rostrevor Garden Teynampet, Chennai 4.The Assistant Director, State Government Audit Department 171/C1 Baby Illam Siluvathur Road, Balakrishnapuram (Po) Dindigul 5.The District Collector Office of the District Collector, Dindigul, Dindigul District 6.The Chairman Finance Committee Gandhigram Institute of Rural Health and Family Welfare/ Managing Trustee, Gandhigram Trust, Dindigul 624 302.
4/5
P.N.PRAKASH, J AND R.HEMALATHA, J RR Order made in 14.07.2022 5/5