Dr.Jeyavenkatesh v. The Principal Secretary To Govt Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Dr.Jeyavenkatesh ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Hindu Religious and Charitable Endowment, 2.The Principal Secretary to Government of Tamil Nadu, Department of Health & Family Welfare, 3.The Commissioner, Hindu Religious and Charitable Endowment Department, 4.R.V.Baalachandran ... Respondents (R4 is impleaded vide Court order dated 04.12.2020 in W.M.P.(MD) No.14435/2020 in W.P.(MD) No.15157/2020 by NKKJ and BPJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to establish Siddha Hospital in Temples having a significant income on the basis of the petitioner's representation dated 07.10.2020.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent Nos.1 to 3: Mr.A.K.Manickam Standing Counsel for Government For Respondent No.4 : Mr.J.Bharathan * * * * *

ORDER

(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner seeks for a direction upon the respondents to establish Siddha Hospital in Temples having a significant income on the basis of the petitioner's representation dated 07.10.2020. 1/3

2.Heard Mr.P.Gnapathi Subramanian, learned counsel for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government, appearing for respondent Nos.1 to 3 and Mr.J.Bharathan, learned counsel for the fourth respondent.

3.A counter affidavit has been filed by the Joint Commissioner (Legal), HR & CE Administration, Department, wherein it is submitted that necessary steps have been taken to open Siddha Dispensary in the 35 Temples, which have been listed therein. Learned Standing Counsel for Government submitted that the number of Temples, in which Siddha Dispensaries are proposed to be opened, is increased to 45.

4.Be that as it may, so far as the present situation is concerned, no such positive direction can be issued to the Government. Apart from that, it may not be conducive to run a dispensary in the Temple, when the Government has taken action to establish Primary Health Centres, Fever Clinics, Taluk Level Fever Clinics and Village Health Facility to have house to house check-up for fever. Therefore, in our considered view, the proposal to open Siddha dispensaries in the temples requires a re-look. 5.In view of the above, the Writ Petition stands dismissed with the above observations. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government of Tamil Nadu, Department of Hindu Religious and Charitable Endowment, 2/3

2.The Principal Secretary to Government of Tamil Nadu, Department of Health & Family Welfare, 3.The Commissioner, Hindu Religious and Charitable Endowment Department, +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-20632[F] dated 30/06/2021 ) +1 CC to M/s.SPL GP ( SR-20674[F] dated 30/06/2021 ) 28.06.2021 KM(CO) TR(06.07.2021) 3P 6C 3/3