B.Karthee v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.25023 of 2016 B.Karthee .. Petitioner Vs.

1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director, Directorate of Tamil Nadu Government Medical College, Kilpakam, Chennai - 600 010.

3.The Dean, Madurai Government Rajaji Hospital, Madurai District - 625 020.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to install the Positron Emission Tomography and Computed Tomography (PET-CT) Scans machine for provide free diagnosis and treatment for the Oncology department cancer patients in Madurai Rajaji Government Hospital within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Velmurugan, Government Advocate.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to instal PET-CT Scan Machine in Oncology Department, Madurai Rajaji Government Hospital, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Madurai. Further it is averred in the petition that in Madurai Rajaji Government Hospital no PET-CT Scan Machine is available in Oncology Department. Under the said circumstances a https://hcservices.ecourts.gov.in/hcservices/

representation has been given to the concerned authorities. But the authorities have not considered the same and therefore the present writ petition has been filed for getting the relief sought therein.

3.Mr.R.Velmurugan, learned Government Advocate, has taken notice for the respondents.

4.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition.

5.The learned Government Advocate appearing for the respondents has also equally contended to the effect that already a representation has been given.

6.Considering the rival submissions made on either side and also considering the purpose of the petitioner to file the present writ petition, this Court is of the view to pass the following order.

7.In fine, this writ petition is allowed without costs and the respondents are strictly directed to instal PET-CT Scan Machine in Oncology Department, Madurai Rajaji Government Hospital, within a period of one month.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director, Directorate of Tamil Nadu Government Medical College, Kilapakam, Chennai - 600 010.

3.The Dean, Madurai Government Rajaji Hospital, Madurai District - 625 020.

+1 cc to M/s.R.Alagumani, Advocate in SR.No.307 +1 cc to Mr. Special Government Pleader in SR.No.48 smn TTN/11.01.2017 : 2P-6C ORDER MADE IN W.P(MD)No.25023 of 2016 02.01.2017 https://hcservices.ecourts.gov.in/hcservices/