Solai Muthiah Educational And Charitable Trust v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP (MD)No.20079 of 2021 and WMP(MD)No.16779 of 2021 Solai Muthiah Educational and Charitable Trust, Rep.by its Chairman, T.Cheetiapatti, Thottappanayakanur Post, Usilampatti Taluk - 625 532, Madurai District.
... Petitioner vs.
1.The State of Tamil Nadu, Rep.by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 09.
2.The Indian Nursing Council, Rep.by its Secretary, 8th Floor, NBCC Centre, Plot No.2, Community Centre, Okhla Phase - I, New Delhi - 110 020.
3.The Tamil Nadu Nurses and Midwives Council, Jeyaprakash Narayanan Maligai, Santhome High Court, Mylapore, Chennai - 600 004.
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4.The Director of Medical Education, Kilpauk, Chennai - 600 010.
5.The Tamil Nadu Dr.MGR.Medical University, No.69/40, Anna Salai, Guindy, Chennai - 600 032.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the 1st respondent State Government to give permission to the petitioner forthwith for establishing the Nursing College namely Solai College of Nursing at T.Chettiapatti, Usilampati Taluk in Madurai District.
For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.T.Amjad Khan, Government Advocate for R1 Mr.R.Murali, Standing counsel for R2 No appearance for R3 Mr.S.Ramesh for R5 COMMON ORDER Heard the learned counsel on either side.
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2.The petitioner submitted an application dated 30.12.2020 seeking permission to start B.Sc Nursing College for the academic year 2021-2022. Since it was not considered, this writ petition came to be filed. An interim order was granted in favour of the petitioner on 23.12.2021. The Government has filed counter affidavit and it is stated that the petitioner's application is under active consideration. However, the petitioner has to produce building completion certificate from the Director of Town and Country Planning. DTCP has clarified vide communication dated 28.12.2021 that since the building in question was completed prior to G.O Ms.No.53 dated 16.04.2018, the question of issuing completion certificate by DTCP will not arise. The first respondent is directed to consider the petition mentioned application without insisting on such completion certificate from DTCP.
3.The writ petition is disposed of. No costs. Connected miscellaneous petition is closed.
23.12.2022 Index : Yes / No Internet : Yes/ No skm Issue order copy by 23.12.2022 3/5
To 1.The State of Tamil Nadu, Rep.by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 09.
2.The Indian Nursing Council, Rep.by its Secretary, 8th Floor, NBCC Centre, Plot No.2, Community Centre, Okhla Phase - I, New Delhi - 110 020.
3.The Tamil Nadu Nurses and Midwives Council, Jeyaprakash Narayanan Maligai, Santhome High Court, Mylapore, Chennai - 600 004.
4.The Director of Medical Education, Kilpauk, Chennai - 600 010.
5.The Tamil Nadu Dr.MGR.Medical University, No.69/40, Anna Salai, Guindy, Chennai - 600 032.
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G.R.SWAMINATHAN, J.
skm WP (MD)No.20079 of 2021 and WMP(MD)No.16779 of 2021 23.12.2022 5/5