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Madras High CourtWMP(MD)/12042/2023dismissed

Tamil Nadu All Health Nurses Association v. The Principal Secretary To Government Of Tamilnadu

2023-06-16Honourable Mr Justice G.R.Swaminathan2 pages

WMP(MD) No.12042 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Sixteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) No.12042 of 2023 IN WP(MD) No.14223 of 2023 TAMIL NADU ALL HEALTH NURSES ASSOCIATION, REPRESENTED BY ITS STATE VICE- PRESIDENT, L.BHARATHI, ... PETITIONER Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMILNADU, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009 2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, 359, ANNA SALAI, 2ND FLOOR, DMS ANNEX BUILDING, DMS COMPLEX, TEYNAMPET, CHENNAI 600 006 3 THE DEPUTY DIRECTOR OF HEALTH SERVICES, VISHWANATHAPURAM, MADURAI 625 014 4 THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, CHENNAI ...

RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Stay the act of recovery of rent in respect of quarters which are in damaged and dilapidated condition and also in cases where actually no quarter facility is made available but rent has been recovered pending disposal of this writ petition. Prayer in WP(MD).

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take steps for getting new Health Sub Centres and Residential Quarters built for the VHNs in place of the damaged and dilapidated Health Sub Centres and for the renovation of the Health Sub Centre Buildings wherever feasible and for the direction not to deduct rent recovery for the residential quarters at a rate more https://www.mhc.tn.gov.in/judis 1/2

WMP(MD) No.12042 of 2023 that the rate stipulated by the State Government within a time limit that may be stipulated by this Hon'ble Court and stoppage of Rent Recovery in respect of the damaged and dilapidated Health Sub-Centre buildings and residential quarter forthwith.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. R.T.JOSHUA, Advocate for the petitioner and of Mr.T.VILLAVANKOTHAI, Additional Government Pleader on behalf of the Respondents, the court made the following order:- The main prayer is for the relief of Mandamus. Therefore, the question of granting stay does not arise at all. This Miscellaneous Petition is dismissed.

sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMILNADU, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009 2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, 359, ANNA SALAI, 2ND FLOOR, DMS ANNEX BUILDING, DMS COMPLEX, TEYNAMPET, CHENNAI 600 006 3 THE DEPUTY DIRECTOR OF HEALTH SERVICES, VISHWANATHAPURAM, MADURAI 625 014 4 THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, CHENNAI ORDER IN WMP(MD) No.12042 of 2023 IN WP(MD) No.14223 of 2023 Date :16/06/2023 SA/MMS/SAR. /21.06.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2