L.Noelraj v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.21286 of 2016 L.Noelraj : Petitioner Vs.

1.The Principal Secretary, Health &Family Welfare Department, Secretariat, Fort St. George, Chennai-9.

2.The Secretary, Ministry of Ayush, Ayush Bhavan, B Block, GPO Complex, INA, New Delhi-110 023.

3.The Secretary, Central Council of Indian Medicine, Jawaharlal Nehru Bharthiya Chikista Avam, Homeopathy, Anusandhan Bhawan, 61-65, Institutional Area, Janakpuri, New Delhi-110 058.

4.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai-32.

5.The Commissioner, Indian Medicine, Arumbakkam, Chennai.

6.The District Collector, Kanyakumari @ Nagercoil.

7.The Chairman, M/s.Maria Siddha & Ayurveda Medical College, Attur, Kanyakumari District.

8.Dr.Vanitha Muralikumar, (Ex.Member of Council of Indian Medicine), Principal, Sri Sairam Ayurvedic Medical College, Poonthandalam, West Thambaram, Chennai-44.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct a detail enquiry regarding the approval admission in respect of staff strength, infrastructure of the 7th respondent college vide the petitioner's representation dated 25.09.2016 and take appropriate action if any deviations found place as per law.

For Petitioner : Ms.R.Saraswathi For Respondents 1,5&6 : Mr.M.Govindan, Special Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this litigation by way of Public Interest Litigation seeking the following relief: "Writ of Mandamus, directing the respondents to conduct a detail enquiry regarding the approval admission in respect of staff strength, infrastructure of the 7th respondent college vide the petitioner's representation dated 25.09.2016 and take appropriate action if any deviations found place as per law."

2. This Writ Petition has come up today for admission. We have heard the learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, taking notice for the respondents 1, 5 and 6. We have also perused the records carefully.

3. A perusal of the affidavit filed in support of the Writ Petition would go to show that there is no public interest, which is projected in this Writ Petition and it appears to be a private interest litigation. If the petitioner has got any grievance regarding staff strength approved by the Government, he can very well challenge the same. If he has got any grievance regarding the approval given based on the infrastructure available, it is for the petitioner to challenge that also. In a vague manner, the petitioner has come up with this Writ Petition Therefore, the

relief sought for by the petitioner in the present Writ Petition cannot be granted. The Writ Petition is, accordingly, dismissed. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary, Health &Family Welfare Department, Secretariat, Fort St. George, Chennai-9.

2.The Secretary, Ministry of Ayush, Ayush Bhavan, B Block, GPO Complex, INA, New Delhi-110 023. 3.The Secretary, Central Council of Indian Medicine, Jawaharlal Nehru Bharthiya Chikista Avam, Homeopathy, Anusandhan Bhawan, 61-65, Institutional Area, Janakpuri, New Delhi-110 058. 4.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai-32. 5.The Commissioner, Indian Medicine, Arumbakkam, Chennai.

6.The District Collector, Kanyakumari @ Nagercoil. +1 cc to The Special Government Pleader in SR.No. 66627 +1 cc to M/s.R.Saraswathi, Advocate in SR.No. 66462 SML CSL/SS-2/18.11.2016: 3P/9C Order made in W.P.[MD].No.21286 of 2016 Dated: 07.11.2016