Priya M v. State Of Tamil Nadu, Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19543 of 2022 M.Priya ... Petitioner /vs./ 1.State of Tamil Nadu, represented by The Principal Secretary, Department of Health and Family Welfare, State Secretariat, Fort St.GEorge, Chennai 600 009.
2.The Director, Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, Chennai 600 006.
3.The Deputy Director, Deputy Director of Health Services, Beach Road, Cuddalore 607 001.
4.The Deputy Director, Deputy Director of Health Services, Ramanathapuram.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 3 to transfer 1/4
the petitioner to any one of the Primary Health Care Centre in Ramanathapuram District by considering the Petitioner's representation dated 25.07.2022 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Sivanupandian Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2.The petitioner herein had given a representation to the respondents on 26.07.2022 seeking for her transfer to any one of the Primary Health Care Centres in Ramanathapuram District. Since the said representation was not considered, the present writ petition has been filed.
3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or 2/4
other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 26.07.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs. 25.08.2022 Index : Yes / No Internet : Yes / No sm 3/4
M.S.RAMESH, J.
Sm TO:
1.The Principal Secretary, Department of Health and Family Welfare, State Secretariat, Fort St.GEorge, Chennai 600 009.
2.The Director, Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, Chennai 600 006.
3.The Deputy Director, Deputy Director of Health Services, Beach Road, Cuddalore 607 001.
4.The Deputy Director, Deputy Director of Health Services, Ramanathapuram.
Order made in W.P.(MD)No.19543 of 2022 Dated:
25.08.2022 4/4