V.Saravanan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15954 of 2019 V.Saravanan

...Petitioner

Vs 1.The Director, Directorate of Medical and Rural Health Services, No.258, DMS.Complex, 3rd Floor, Anna Salai, Chennai - 18.

2.The Joint Director, Medical and Rural Health Services, Government Hospital, Usilampatti, Madurai District.

3.The Chief Medical Officer, Government Hospital, Melur, Madurai District.

4.The General Manager, Aavin - A - 1301 - Madurai District Co-operate Milk Producers' Union Limited, Sivagangai Main Road, Sathamangalam, Madurai - 20.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to permit the petitioner to run an Aavin Milk Booth Shop within the Campus of the 3rd respondent, based on the petitioner's application dated 02.07.2018, in the light of G.O.(Ms).No.59 (Health and Family Welfare (J1) Dept.) dated 20.03.2003.

For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.V.Anand Government Advocate

ORDER

This writ petition is filed to direct the respondents to permit the petitioner to run an Aavin Milk Booth Shop within the campus of the 3rd respondent, in the light of G.O.(Ms).No.59, (Health and Family Welfare (J1) Department) dated 20.03.2003. 2.The grievance of the petitioner is that though he made a representation dated 08.07.2019 to the 1st respondent for the relief 1/3

sought for in the prayer, no action has been taken by the 1st respondent, till date. Hence, the present writ petition. 3.In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 08.07.2019 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In agreement with the submission made by the learned Government Advocate, without expressing any opinion on the merits of the case, this Court directs the 1st respondent to consider the representation of the petitioner dated 08.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Director, Directorate of Medical and Rural Health Services, No.258, DMS.Complex, 3rd Floor, Anna Salai, Chennai - 18.

2.The Joint Director, Medical and Rural Health Services, Government Hospital, Usilampatti, Madurai District.

3.The Chief Medical Officer, Government Hospital, Melur, Madurai District.

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4.The General Manager, Aavin - A - 1301 - Madurai District Co-operate Milk Producers' Union Limited, Sivagangai Main Road, Sathamangalam, Madurai - 20.

W.P.(MD) No.15954 of 2019 28.07.2020 KK(06.08.2020) 3 P 5C 3/3